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The 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



IN ADDITION 

Voting Rights Act 



PROPOSED RULES 

Environment, Health, and Natural Resources 
Human Resources 



KAtlrRINE a EVERETT 
LAW LIBRARY 



RRC OBJECTIONS 



CONTESTED CASE DECISIONS 



ISSUE DATE: December 1, 1994 



Volume 9 • Issue 17 • Pages 1340 - 1392 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published twice a month and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the General 
Statutes. All proposed administrative rules and notices of public 
hearings filed under G.S. 1 50B-21 .2 must be published in the Register. 
The Register will typically comprise approximately fifty pages per 
issue of legal text 

State law requires that a copy of each issue be provided free of 
charge to each county in the state and to various state officials and 
institutions. 

The North Carolina Register is available by yearly subscription at 
a cost of one hundred and five dollars ($105.00) for 24 issues. 
Individual issues may be purchased for eight dollars ($8.00). 

Requests for subscription to the North Carolina Register should be 
directed to the Office of Administrative Hearings, P. O. Drawer 27447, 
Raleigh, N.C. 27611-7447. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

The following is a generalized statement of the procedures to be 
followed for an agency to adopt, amend, or repeal a rule. For the 
specific statutory authority, please consult Article 2A of Chapter 150B 
of the General Statutes. 

Any agency intending to adopt, amend, or repeal a rule must first 
publish notice of the proposed action in the North Carolina Register. 
The notice must include the time and place of the public hearing (or 
instructions on how a member of the public may request a hearing); a 
statement of procedure for public comments; the text of the proposed 
rule or the statement of subject matter; the reason for the proposed 
action; a reference to the statutory authority for the action and the 
proposed effective date. 

Unless a specific statute provides otherwise, at least 15 days must 
elapse following publication of the notice in the North Carolina 
Register before the agency may conduct the public hearing and at least 
30 days must elapse before the agency can take action on the proposed 
rule. An agency may not adopt a rule that differs substantially from the 
proposed form published as part of the public notice, until the adopted 
version has been published in the North Carolina Register for an 
additional 30 day comment period. 

When final action is taken, the promulgating agency must file the 
rule with the Rules Review Commission (RRC). After approval by 
RRC, the adopted rule is filed with the Office of Administrative 
Hearings (OAH). 

A rule or amended rule generally becomes effective 5 business 
days after the rule is filed with the Office of Administrative Hearings 
for publication in the North Carolina Administrative Code (NCAC). 

Proposed action on rules may be withdrawn by the promulgating 
agency at any time before final action is taken by the agency or before 
filing with OAH for publication in the NCAC. 



TEMPORARY RULES 

Under certain emergency conditions, agencies may issue tempo 
rary rules. Within 24 hours of submission to OAH, the Codifier o 
Rules must review the agency ' s written statement of findings of nee< 
for the temporary rule pursuant to the provisions in G.S. 150B-21.1. 1 
the Codifier determines that the findings meet the criteria in G.S 
150B-21.1, the rule is entered into the NCAC. If the Codifie 
determines that the findings do not meet the criteria, the rule is returnee 
to the agency. The agency may supplement its findings and resubmi 
the temporary rule for an additional review or the agency may responi 
that it will remain with its initial position. The Codifier, thereafter, wil 
enter the rule into the NCAC. A temporary rule becomes effective 
either when the Codifier of Rules enters the rule in the Code or on tbc 
sixth business day after the agency resubmits the rule without c 
The temporary rule is in effect for the period specified in the rule or 18 
days, whichever is less. An agency adopting a temporary rule mus 
begin rule-making procedures on the permanent rule at the same tin* 
the temporary rule is filed with the Codifier. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a compi lati oi 
and index of the administrative rules of 25 state agencies and 3! 
occupational licensing boards. The NCAC comprises approximately 
15,000 letter size, single spaced pages of material of which approxi 
mately 35% is changed annually. Compilation and publication of th< 
NCAC is mandated by G.S. 150B-21.18. 

The Code is divided into Titles and Chapters. Each state agency i: 
assigned a separate title which is further broken down by chapters 
Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum cost of twe 
dollars and 50 cents ($2.50) for 10 pages or less, plus fifteei 
cents ($0.15) per each additional page. 

(2) The full publication consists of 53 volumes, totaling 
excess of 15,000 pages. It is supplemented monthly witl 
replacement pages. A one year subscription to the ful 
publication including supplements can be purchased fo 
seven hundred and fifty dollars ($750.00). Individual vol 
umes may also be purchased with supplement service. Re 
newal subscriptions for supplements to the initial publicau'01 
are available. 

Requests for pages of rules or volumes of the NCAC should bf 
directed to the Office of Administrative Hearings. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by volume, issue, 
number and date. 1:1 NCR 101-201, April 1, 1986 refers to Volume 
1, Issue 1, pages 101 through 201 of the North Carolina Registerissua 
on April 1, 1986. 



FOR INFORMATION CONTACT: Office of Administra- 
tive Hearings, ATTN: Rules Division, P.O. Drawer 27447, 
Raleigh, North Carolina 2761 1-7447, (919) 733-2678. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrative Hearings 

P. 0. Drawer 27447 

Raleigh, North Carolina 27611-7447 

(919) 733-2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director of APA Services 



I. IN ADDITION 

Voting Rights Act 



1340 



D. PROPOSED RULES 

Environment, Health, and 
Natural Resources 

Environmental Management .... 1348 
Soil and Water Conservation .... 1371 
Human Resources 

Facility Services 1341 

Social Services 1343 

m. RRC OBJECTIONS 1373 

IV. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1376 

V. CUMULATIVE INDEX 1390 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 

This publication is printed on permanent, 
acid-free paper in compliance with 
G.S. 125-11.13. 



NORTH CAROLINA REGISTER 

Publication Schedule 

(November 1994 - September 1995) 



Volume 
and 
Issue 

Number 


Issue 
Date 


Last Day 

for 

Filing 


Last Day 
for Elec- 
tronic 
Filing 


Earliest 

Date for 

Public 

Hearing 

75 days 

from 

notice 


* End of 

Required 

Comment 

Period 

30 days 

from 

notice 


Last Day 

to Submit 

to RRC 


** Earliest 

Effective 

Date 


9:15 


11/01/94 


10/11/94 


10/18/94 


11/16/94 


12/01/94 


12/20/94 


02/01/95 


9:16 


11/15/94 


10/24/94 


10/31/94 


11/30/94 


12/15/94 


12/20/94 


02/01/95 


9:17 


12/01/94 


11/07/94 


11/15/94 


12/16/94 


01/03/95 


01/20/95 


03/01/95 


9:18 


12/15/94 


11/22/94 


12/01/94 


12/30/94 


01/17/95 


01/20/95 


03/01/95 


9:19 


01/03/95 


12/08/94 


12/15/94 


01/18/95 


02/02/95 


02/20/95 


04/01/95 


9:20 


01/17/95 


12/21/94 


12/30/94 


02/01/95 


02/16/95 


02/20/95 


04/01/95 


9:21 


02/01/95 


01/10/95 


01/18/95 


02/16/95 


03/03/95 


03/20/95 


05/01/95 


9:22 


02/15/95 


01/25/95 


02/01/95 


03/02/95 


03/17/95 


03/20/95 


05/01/95 


9:23 


03/01/95 


02/08/95 


02/15/95 


03/16/95 


03/31/95 


04/20/95 


06/01/95 


9:24 


03/15/95 


02/22/95 


03/01/95 


03/30/95 


04/17/95 


04/20/95 


06/01/95 


10:1 


04/03/95 


03/13/95 


03/20/95 


04/18/95 


05/03/95 


05/22/95 


07/01/95 


10:2 


04/17/95 


03/24/95 


03/31/95 


05/02/95 


05/17/95 


05/22/95 


07/01/95 


10:3 


05/01/95 


04/07/95 


04/17/95 


05/16/95 


05/31/95 


06/20/95 


08/01/95 


10:4 


05/15/95 


04/24/95 


05/01/95 


05/30/95 


06/14/95 


06/20/95 


08/01/95 


10:5 


06/01/95 


05/10/95 


05/17/95 


06/16/95 


07/03/95 


07/20/95 


09/01/95 


10:6 


06/15/95 


05/24/95 


06/01/95 


06/30/95 


07/17/95 


07/20/95 


09/01/95 


10:7 


07/03/95 


06/12/95 


06/19/95 


07/18/95 


08/02/95 


08/21/95 


10/01/95 


10:8 


07/14/95 


06/22/95 


06/29/95 


07/31/95 


08/14/95 


08/21/95 


10/01/95 


10:9 


08/01/95 


07/11/95 


07/18/95 


08/16/95 


08/31/95 


09/20/95 


11/01/95 


10:10 


08/15/95 


07/25/95 


08/01/95 


08/30/95 


09/14/95 


09/20/95 


11/01/95 


10:11 


09/01/95 


08/11/95 


08/18/95 


09/18/95 


10/02/95 


10/20/95 


12/01/95 


10:12 


09/15/95 


08/24/95 


08/31/95 


10/02/95 


10/16/95 


10/20/95 


12/01/95 



This table is published as a public service, and the computation of time periods are not to be deemed binding 
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule 
6. 

* An agency must accept comments for at least 30 days after the proposed text is published or until the date 

of any public hearing, whichever is longer. See G.S. 150B-21. 2(f) for adoption procedures. 

** The "Earliest Effective Date " is computed assuming that the agency follows the publication schedule above, 

that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and 

that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st day of the next calendar 

month. 



Revised 10/94 



IN ADDITION 



Ihis Section contains public notices that are required to be published in the Register or have been 
approved by the Codifier of Rules for publication. 



U.S. Department of Justice 

Civil Rights Division 

DLP:GS:TGL:tlb Voting Section 

DJ 166-012-3 P.O. Box 66128 

94-3584 Washington, DC. 20035-6128 

October 31, 1994 

Michael Crowell, Esq. 
Tharrington, Smith & Hargrove 
P. O. Box 1151 
Raleigh, North Carolina 27602-1151 

Dear Mr. Crowell: 

This refers to Section 1 of Chapter 626 (1994), which provides that members of the board of 
education take office in July of the year following their election in Perquimans County, North Carolina, 
submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as amended, 42 
U.S.C. 1973c. We received your submission on August 31, 1994. 

The Attorney General does not interpose any objection to the specified change. However, we note 
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent 
litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5 (28 
C.F.R. 51.41). 



Sincerely, 

Deval L. Patrick 

Assistant Attorney General 

Civil Rights Division 



By: 



John K. Tanner 
Acting Chief, Voting Section 



9:17 NORTH CAROLINA REGISTER December 1, 1994 1340 



PROPOSED RULES 



TITLE 10 - DEPARTMENT OF 
HUMAN RESOURCES 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the Division of Facility Services 
intends to adopt rules cited as 10 NCAC 3K .0101 
- .0104. 

1 he proposed effective date of this action is 
March 1, 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on January 11, 1995 at the Council Building, 
701 Barbour Drive, Room 201, Raleigh, NC 
27603. 

Ixeason for Proposed Action: Pursuant to Senate 
Bill 8 - "Self-Referrals by Health Care Providers" 
adopt rules to set forth criteria for health care 
providers to apply for exemptions where self- 
referrals are prohibited. 

Lsomment Procedures: Comments may be pre- 
sented in writing anytime before or at the public 
hearing or orally at the hearing. Please submit 
your written comments to Mr. Jackie Sheppard, 
APA Coordinator, DFS, P.O. Box 29530, Raleigh, 
NC 27626-0530, telephone (919) 733-2342 no later 
than January 11, 1995. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3K - EXEMPTIONS 
FROM PROHIBITIONS OF SELF- 
REFERRALS BY HEALTH CARE 
PROVIDERS FOR UNDERSERVED 
AREAS 

SECTION .0100 - GENERAL 
INFORMATION 

.0101 DEFINITIONS 

(a) The terms defined in G.S. 90-405 shall have 
the same meaning in these Rules. 

(b) "Commercial lender" means commercial 
banks, savings banks, and savings and loan organi- 
zations and all branches of any of those three 
categories. 

(c) "Regional daily newspaper" shall mean the 
newspaper from the following list which has the 
primary circulation for the area in which the entity 
is located or proposed to be located: 



ill 
121 
13} 
141 
15} 
161 



Asheville Citizen-Times, 
Charlotte Observer, 
Greensboro News and Record, 



Raleigh News and Observer, 

Wilmington Star, 

The Daily Reflector (Greenville) . 



Statutory Authority G.S. 90-408. 

.0102 APPLICATION 

(a) An application must be submitted to the 
Department by any. health care provider wishing to 
be exempt from G.S. 90-406. 

(b) The application shall include the following 
information: 

(1) the name, address, and telephone num- 
ber of the health care provider appli- 
cant; 

(21 the name, address, and telephone num- 
ber of the manager of the entity to 
which the health care provider wishes 
to be able to make referrals: 

(3) an explanation of the ownership of the 
entity to which referrals would be made 
including the names and ownership 
interests of all individuals or entities 
having an investment interest in the 
entity; 

(4) a description of the designated health 
care services provided or to be provid- 
ed by the entity; 

(5) an analysis of the need for the health 
care service in the area sufficient to 
allow the Department to determine that 
the area is an underserved area for the 
particular service to be provided. 

(c) Applications shall be sent to the Director's 
Office, Division of Facility Services, North Caroli- 
na Department of Human Resources. 701 Barbour 
Drive. P.O. Box 29530, Raleigh. N.C. 27626- 
0530, and shall indicate the purpose of the applica- 
tion. 

Statutory Authority G.S. 90-408. 

.0103 CRITERIA FOR AN UNDERSERVED 
AREA EXEMPTION - NEW ENTITY 

(a) In order for the Department to determine 
that there is a demonstrated need in the county 
where the entity is proposed to be located for the 
designated health care services to be offered by_ the 
entity the Department must conclude that: 

(1) the service or services proposed are not 
provided in the county and are not 
available within 10 miles of the pro- 



1341 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



PROPOSED RULES 



posed site of the entity; or 
(2) any existing provider of the same ser- 
vice or services proposed by the new 
entity, located in the county or within 
10 miles of the proposed site of the 
entity, is not able to provide services to 
all who require the service and is un- 
willing or unable to expand services in 
order to accommodate those in need of 
the service. The application shall 
provide written confirmation from the 
existing provider acknowledging unmet 
need and unwillingness or inability to 
accommodate \L 
(b) In order for the Department to determine 
that alternative financing is not available for a 
proposed new entity the a pplicant shall provide 
either of the following: 

(1) written confirmation from at least three 
commercial lenders in the county that 
they have considered and rejected a 
proposal to finance on reasonable terms 
the proposed new entity; and 

(2) documentation that the plan of finance 
proposed to include health care provid- 
er participation is essentially the same 
as the one rejected by the commercial 
lenders; and 

(3) documentation that any non health care 
providers who are proposed to be par- 
ties to the financing, are proposed to be 
participating under the same terms and 
conditions as that proposed for the 
health care providers; and 

(4) documentation that an advertisement at 
least 3 inches wide and 3 inches long 
has been placed in four successive 
Sunday editions of a regional daily 
newspaper under the heading "Invest- 
ment Opportunity" describing the type 
of investment available, and that no 
responses have been received within 30 
days of the fourth advertisement or that 
interested parties have been unable or 
unwilling to provide financing under 
the same terms and conditions that are 
proposed for the health care provider 
investor. 

Statutory Authority G.S. 90-408. 

.0104 CRITERIA FOR AN UNDERSERVED 
AREA EXEMPTION - EXISTING 
ENTITY 

(a) In order for the Department to determine 



that there is a demonstrated need in the county 
where the entity is located for the designated 
health care services offered by the entity, the 
Department must conclude that: 

(1) No other entity in the county is provid- 
ing the service or services provided, 
nor is there any other entity providing 
such service or services within 10 miles 
of the existing entity; or 

(2) Any other entity located in the county 
or within 10 miles of the existing entity 
which offers the same service or servic- 
es provided by the existing entity is not 
able to provide services to all who 
require the service and is unwilling or 
unable to expand services in order to 
accommodate those in need of the 
service. The a pplication shall provide 
written confirmation from the existing 
provider acknowledging unmet need 
and unwillingness or inability to accom- 
modate it 

(b) In order for the Department to determine 
that alternative financing is not available for an 
existing entity the a pplicant shall provide with its 
application either of the following: 

(1) documentation that an a ppraisal of the 
entity has been made and that the por- 
tion of the entity owned by the app li- 
cant has been offered for sale to other 
current and potential investors at a 
price represented by the proportionate 
share of the a ppraised value owned by 
the a pplicant seeking an exemption and 
that the offer has been rejected within 
30 days of the date the a pplication was 
submitted; and 

(2) documentation that the portion of the 
entity owned by the a pplicant seeking 
an exemption has been publicly offered 
for sale at a price represented by its 
appraised value, including affidavits of 
publication that an advertisement at 
least 3 inches wide and 3 inches long 
has a ppeared in four successive Sunday 
editions of a regional daily newspaper 
under the heading "Investment Opportu- 
nity" describing the type of investment 
available, and that no responses have 
been received within 30 days of the 



fourth advertisement or that interested 
parties have been unable or unwilling to 
purchase the portion of the entity 
owned by the applicant. 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1342 



PROPOSED RULES 



Statutory Authority G.S. 90-408. 



ASSISTANCE 



****************** 



SECTION .0100 - COVERAGE 



Notice is hereby given in accordance with G.S. 
150B-21.2 that the Social Services Commission 
intends to amend rules cited as 10 NCAC 49C 
.0101 - .0102, .0104 - .0106, .0201, .0301 - 
.0302; adopt rule cited as 10 NCAC 49C .0303; 
and repeal rule cited as 10 NCAC 49C .0401. 

1 he proposed effective date of this action is 
March 1, 1995. 

1 he public hearing will be conducted at 10:00 
a.m. on January 5, 1995 at the Albemarle Build- 
ing, Room 844, 325 N. Salisbury St. , Raleigh, NC 
27603. 

Ixeason for Proposed Action: APA Rules are 
being changed to enable North Carolina to provide 
services under the AFDC-EA program in addition 
to cash assistance. 

(comment Procedures: Comments may be pre- 
sented in writing anytime before or at the public 
hearing or orally at the hearing. Time limits for 
oral remarks may be imposed by the Commission 
Chairman. Any person may request copies of 
these Rules by calling or writing to Sharnese 
Ransome, Division of Social Services, 325 N. 
Salisbury St. , Raleigh, NC 27603, (919) 733-3055. 

Editor's Note: 

10 NCAC 49C .0101 - .0102, .0104 - .0106, 
. 0303, . 0401 were filed as temporary rules effec- 
tive November 7, 1994 for a period of 180 days or 
until the permanent rule becomes effective, 
whichever is sooner. These changes are shown in 
italic print. 

10 NCAC 49C .0101 - .0102, .0104 - .0106, 
.0201, .0301 - .0302 were filed as temporary rules 
effective January 1, 1995 for a period of 180 days 
or until the permanent rule becomes effective, 
whichever is sooner. These changes are shown in 
bold print. 

CHAPTER 49 - AH) TO FAMILIES WITH 
DEPENDENT CHILDREN (AFDQ 

SUBCHAPTER 49C - EMERGENCY 



.0101 ELIGD3DHTY FOR COVERAGE 

(a) Eligibility for coverage for Emergency 
Assistance will be as follows: 

( 1 ) Emergency Assistance shall be provided 
to or on behalf of needy children under 
the age of 21, the specified relative of 
the needy children, the spouse of the 
specified relative and all other individu- 
als sharing the same single unit dwell- 
ing with the exception of roomers or 
boarders or other individuals who occu- 
py a separate living area within the 
single unit dwelling. The needy child 
under the age of 21 who is within the 
specified degree of relationship must be 
living with the specified relative or 
have lived with the specified relative 
within six months prior to the month in 
which Emergency Assistance is request- 
ed. 

(2) Families of migrant workers shall be 
covered if the requirements stated in 
Paragraph (a) of this Rule and the 
regulations stated in 45 CFR 233.120 
are met. 45 CFR 233.120 is hereby 
adopted by reference under G.S. 150B 
14(c) including all subsequent amend- 
ments and editions. Copies of this 
Code of Federal Regulations may be 
obtained from the eighth floor of the 
Albemarle Building. 325 North Salis- 
bury Street, Raleigh, N.C. 27603 (tel. 
I (919) 733-3055) at a cosi often cents 
($. 10) per page at the time of adoption 
of this Rule. 

(3) Individuals who are illegal aliens are 
not eligible for Emergency Assistance. 

(b) Verification: 

(1) The county agency shall accept the 
applicant's statement to verify the 
household composition. 

(2) The county agency shall accept the 
applicant's statement verifying living 
with and kinship unless questionable . 
If — the — applicant' s — s tatement — is 
que s tionable, the county department 
of s ocial s ervice s s hall be required to 
verify — living — with — and — kinship 
according to rule s in 10 NCAC 4 9B 

(3) The county agency shall accept the 



1343 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



PROPOSED RULES 



applicant's statement regarding alien 
status unle ss que s tionable . If the 
applicant' s s tatement i s que s tionable, 
the — county — department — ef — seetal 
service s shall be required to verify 
the — status — using — documentary 
evidence provided by the applicant. 

Authority G.S. 108A-39.1; 143B-153; 45 C.ER. 
233.120. 



.0102 EMERGENCIES COVERED 

(a) The following emergencies shall be covered: 

(1) a crisis situation resulting from a 
catastrophic illness; 

(2) substantial loss of shelter, food, 
clothing, or household furnishings due 
to fire, flood, or similar natural or 
man-made disaster, or a crime of 
violence; 

(3) emergency situation over which there 
was no control, which left the family 
homeless, or in immediate danger of 
eviction or foreclosure; 

(4) a situation in which Emergency 
Assistance is necessary to avoid 
destitution of the needy child as 
described in .0101 of this Subchapter, 
or to provide shelter for the child; 

(5) emergency situation which could lead to 
destitution and the destitution or need 
for living arrangements did not arise 
because a specified relative refused 
without good cause to accept 
employment or training for 
employment. Good cause is defined in 
10NCAC49B .0312(f); 

(6) mass emergencies; 

(7) loss of a relative who has been 
responsible for support or care of one 
of the family members^; 

(8) abuse, neglect, or dependency of 
children: 

(9) situation in which a child is at risk of 
removal from the home: 

(10) situation in which return to the home of 
a child who is currently separated from 
his family may create an emergency. 

(b) The county department of s ocial s erv i ce s 
shall verify the emergency s ituation. — Methods 
of verification include but arc not limited to an 
eviction notice, contact with the landlord or 
other collateral, s tatement from a doctor, or 
s igned s tatement from the applicant. The 
agency shall accept the applicant's statement as 



the primary source of verification. However, 
agencies may examine secondary verification or 
contact landlords or other sources to 
substantiate the emergency. 

Authority G.S. 108A-39.1; 143B-153; 45 C.ER. 
233.120. 

.0104 BENEFIT LEVELS 

(a) Cash assistance: 

{aj (1]_ The maximum cash assistance 

benefit per household is three hundred 

dollars ($300) during 30 consecutive 

days. Assistance cannot be received 

again within a 12 consecutive month 

period. 

{b) (21 When the county department 

agency purchases in-kind goods or 

contracts for the purchase of services to 

alleviate or to prevent destitution of the 

family, the value of the in-kind goods 

or contracted services purchased with 

the cash assistance must be established 

and considered when authorizing the 

benefit level. 

{tj {A} For in-kind goods, the value wiM 

shall be the actual purchase price of 

the goods. 

{2-) (B[ For contracted services, the 

provider *4U shall submit to the 

county department of s ocial s ervice s 

agency a written statement of the 

value of the service provided 

purchased with the cash assistance . 

(b) Services: 

(1) There b no maximum benefit level for 
services but the family must need the 
services to alleviate the identified 
emergency. 

(2) Services must be authorized within a 
single 30 day period no less than 12 
months after the beginning of the 
family 's last EA authorization period 
and are limited to a maximum duration 
of 364 days. 

Authority G.S. 108A-39A; 143B-153; 45 C.ER. 
233.120. 

.0105 TYPES OF ASSISTANCE PROVIDED 

Assistance will include: 

(1) Cash assistance including: 

0j (aj temporary shelter^ food and 
clothing: 

{2-j (b} transportation; 



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1344 



PROPOSED RULES 



{3) [c]_ home repairs such as repair of 
frozen pipes and plastic covering for 
windows; 

{4j (d} replacement or repair, when 
appropriate, of necessary appliances, 
household items, or furniture; 

{5j (e± in-kind goods such as clothing, 
blankets, food; 

{6) (Q outpatient medical services such as 
prescriptions, eye-glasses and doctor 
visits if the expense is not covered by 
the Medicaid Program or the individual 
needing the care is either not receiving 
or is ineligible for Medical Assistance. 
(2) Services including: 

(a) In Home Services, including 
Assessment; Case Management/Service 
Planning and Coordination; Counseling 
and Treatment Services; Family 
Support/Family Preservation; Day 
Su pport Services: and. Psycho- 
educational Services: 

(b) Out of Home Services, including 
Residential Placement; Care and 
Treatment in a Family Setting: and. 
Care and Treatment in a Group Setting; 

(c) Other Services, including Consultation 
and Education; Other Child 'Welfare 
Services; and, Transportation. 

Authority G.S. 108A-39.1; 143B-153; 45 C.F.R. 
233.120. 

.0106 METHODS OF PAYMENT 

Methods of payment include: 

(1) Cash Assistance 

{ij {a} direct payment to client; 
{2-) {b} voucher payment; 
{3j (cj vendor payment^ 

(d) two-party payment to client and 
vendor. 

(2) Services 

(a) payment to client for purchase of 

services; 
(h) direct payment to an individual or 

agency; 
(c) purchase of service contract. 

Authority G.S. 108A-39.1; 143B-153; 45 C.F.R. 
233. 120. 

SECTION .0200 - APPLICATION AND 
DISPOSTION 

.0201 APPLICATION AND DISPOSITION 



(a) The family shall apply for Emergency 
Assistance i» with an agency that serves the 
county in which it lives. 

(b) Application shall be made on a state- 
prescribed form. 

(c) If eligible for assistance, the family shall 
receive benefits within 48 hours. 

(d) If eligibility cannot be verified as described 
in this Subchapter, the application may pend 
beyond 48 hours. 

Authority G.S. 108A-39.1; 143B-153; 45 C.F.R. 
233.120. 

SECTION .0300 - RESERVE AND INCOME 

.0301 RESERVE 

(a) A household shall be allowed to reserve total 
resources at a maximum of two thousand two 
hundred dollars ($2,200). Included in the two 
thousand two hundred dollar ($2,200) total, a 
household shall be allowed to reserve liquid assets 
at a maximum of three hundred dollars ($300). If 
the total reserve owned by the household exceeds 
two thousand two hundred dollars ($2,200), it shall 
be ineligible. If the liquid assets owned by the 
household exceed three hundred dollars ($300), the 
household shall be ineligible regardless of the total 
amount of reserve. Liquid assets shall include aM 
re s erve items li s ted in (e) of this Rule except (6), 
(7) and ( 8 ) Subparagraphs (1). (2). and (3) in 
Paragraph (c) of this Rule . 

(b) Resources owned by members of the 
household applying for Emergency Assistance shall 
be counted. 

(c) The following reserve items shall be 
counted: 

(1) cash on hand; 

(2) the current balance of savings accounts; 

(3) that portion of a checking account other 
than the monthly income deposited to 
meet the household's needs; 

(4) stocks, bonds, mutual fund shares, 
savings certificates; 

(5) revocable trust funds; 

<6) life e s tate and remainder intere s t, if 



s alable; 



m- 



-Het — proceeds — from — a — busine s s, 
including a farm, which has been 
di s continued; 

{8) (6) equity in real property not used as 
a home or producing an income, 
(d) The following reserve items shall be 
excluded: 

(1) household or personal belongings 



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PROPOSED RULES 



(includes essential and non-essential 
personal property); 

(2) motor vehicles; 

(3) primary residence, including mobile 
home, and all contiguous property; 

(4) income-producing property; 

(5) insurance (including burial, term, and 
whole life cash values); 

(6) value of prepaid burial contracts; 

(7) value of burial plots; 

(8) savings of a student under the age of 21 
who is saving his money for school 
expenses; 

(9) relocation assistance payments; 

(10) that portion of monthly income 
deposited in a checking account to meet 
monthly needs; 

(11) non-salable life estate or remainder 
interest; 

(12) heir property, i.e., property from an 
estate which has not been settled; 

(13) HUD community development block 
grantsrj 

(14) life estate and remainder interest: 

(15) net proceeds from a business, 
including a farm, which has been 
discontinued. 

(e) Verification. The a pplicant's statement 
shall be accepted as verification of reserve. 

it) Unle s s que s tionable, the value of the 

household' s re s erve s hall be verified 
by the s pecified relative' s s tatement. 

<3) If the hou s ehold' s re s ource s equal or 

exceed two thousand two hundred 
dollars — ($2,200) — or — the — s pecified 
relative' s s tatement i s que s tionable, 
re s ource s s hall be verified according 
to 10 NCAC 4 9B .0307. 

<3) If additional verification is required, 

the application — may — pend — beyond 
forty - eight hour s . 

Authority G.S. 108A-39.1; 143B-153; 45 C.ER. 
233.120. 

.0302 INCOME 

(a) Except for verification, base periods, and 
determination of net income, income Rules stated 
in 10 NCAC 49B .0308 shall control for 
Emergency Assistance. 

(b) Base Periods: For all typ es of countable 
income, the a2encv shall accept the applicant's 
statement of the most recently received amount. 

(1) For continuing earned income, the 

county department of s ocial service s 



s hall use the applicant' s mo s t recently 
paid wage. — The county department 
of s ocial s ervice s s hall convert this 
income to a monthly amount. 

<3) For all other income except farm 

income, — small — busine ss , — property 
rental s and roomer boarder income, 
the — county — department — of- — soeial 
s ervice s — shaU — use — income — actually 
received during the month prior to 
the month of application. 

(3) For — income — from — a — farm, — s mall 

bu s ine ss , property rental or a roomer 
boarder, the base period s hall be the 
month — prior — to — the — month — of 
application — through — the — date — of 
application. — The county department 
of s ocial s ervice s s hall divide the 
gro ss income — received during — this 
period by the number of month s the 
income cover s . — If income from a 
farm, s mall bu s ine s s, property rental 
or a roomer boarder i s received at a 
time — other — than — ttie — base — period 

herein described, the — county 

department of s ocial s ervice s s hall 
eount — as — re s erve — the — amount 
remaining unspent as of the date of 
application. 
(c) Determination of Net Income 
(1) Net earned or unearned income is the 
amount actually received by each 
applicant or ineligible alien. 

<2) Net — earned — income, — other — than 

income from a farm, s mall bu s ine ss , 
property rental, or a roomer boarder, 
i s the amount remaining after payroll 

deductions — for Soeial Security 

(FICA), — federal — and — state — taxe s , 
medical — and — ho s pital — insurance, 
retirement, union due s , and any other 
deduction required by the employer. 

{3) Net earned income from a farm i s the 

amount remaining after deduction of 
operational expen s e s directly related 

to producing the income. The s e 

expen s e s include but arc not limited 
tot 

fA) — fertilizer, — insecticide s , — s eed, — erop 
in s urance ; 

(B) — live s tock maintenance; 

<€) — rent payment s ; 

<©) — taxes} 

{E) — building and equipment maintenance ; 

{¥) — intere s t on debts. 



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1346 



PROPOSED RULES 



<4) Net — earned — income — from a s mall 

busine s s or from s elf employment is 
the amount remaining after deduction 
ef — operational — expen s e s — directly 
related — te — producing — the — income. 
The s e expense s may include but arc 
not limited to ; 

{A) — taxes — required — to — operate — the 
busine s s; 

(B) — license s and permit fee s ; 

{€) — r ent payments; 

<B) — in s urance; 

<E) — labor co s ts; 

{F) — maintenance; 

(G) — products required to operate the 






bu s inc s s; 
intere s t on debts; 
food — co s ts — fer- 



s clf - cmployed 



baby s itter s . 

{5) Net earned income — from property 

rental i s the amount remaining after 
deduction — of operational — expense s 
directly — related — te — producing — the 
income. The s e expen s e s may include 
but arc not limited to: 

(A) — intere s t on debts; 

{B) — taxes; 

{€) — insurance; 

{©) — maintenance ; 

<E) — utilitie s ; 



{F) — labor costs; 

{€} — real e s tate agent' s fee s . 

(6) Net earned income from a roomer 

boarder — is — the amount — remaining 

after deduction of the co s t of food 

directly — related — to — producing — the 

income. 

{7) {2} Net earned income of an illegal 

alien, as defined in this Rule, minus his 

needs, shall be counted. 

(d) Verification — (4) The county department 

ef — seeial — s ervice s agency shall accept the 

a pplicant's statement as verification of income. 

use — any — re s ource s — available — at — the — county 

department — to verify — income of the family. 

The s e re s ource s may include but are not limited 

to other public assistance case records of the 

family, income li s tings such as the State Data 

Exchange, Bcndex, or Unemployment Insurance 

and Wage File s which arc available both on 

paper li s ting and on-line in the State' s Eligibility 

Information Sy s tem. 

(2) If records arc unavailable at the 

county department of s ocial service s 
for verifying income, county depart - 



<fh 



ments of s ocial service s s hall accept 
wage s tub s or a written s tatement 
from the employer. — If the county 
department of s ocial service s is un - 
able to obtain wage stub s or a written 
s tatement from the employer, it s hall 
accept the s pecified relative' s written 
s tatement — ef — eaeh — hou s ehold 
member' s — income, — unles s 
que s tionable. 

<3) if no verification i s available and the 

s pecified — relative' s — s tatement — is 
que s tionable, the county department 
of s ocial s ervice s s hall be required to 
verify income according to the Rule s 
in 10 NCAC 4 9B .030 8 (g). 
If additional verification is required, 
the application may pend beyond 48 
hour s . 



Authority G.S. 108A-39.1; 143B-153; 45 C.ER. 
233.120. 

.0303 RESERVE AND INCOME FOR 
SERVICES 

To be eligible for Emergency Assistance, the 
applicant family must be without income or re- 
sources needed to pay for services to alleviate the 
emergency. The agency shall accept the 
applicant 's statement as verification that he does 
not have the income or resources needed to pay for 
the services needed to alleviate the emergency. 

Authority G.S. 108A-39.1; 143B-153; 45 C.ER. 
233.120. 

SECTION .0400 - SERVICES 

.0401 SERVICES PROVTOED 

The county shall provide the following services to 
help meet needs attributable to the emergency: 



m- 



information regarding community senices 

available; 
{2-) referral to other agencies where appro 

priate, — including referral to the local 

Child Support Enforcement Agency; 
{3) other scniccs as stated in the county's 

Social Services Plan. 



Authority G.S. 108A-39.1; 143B-153; 45 C.ER. 
233. 120. 



1347 



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December 1, 1994 



9:17 



PROPOSED RULES 



TITLE 15A - DEPARTMENT OF 

ENVIRONMENT, HEALTH, AND 

NATURAL RESOURCES 

J\otice is hereby given in accordance with GS. 
150B-21.2 that the EHNR - Environmental Man- 
agement Commission intends to amend rules cited 
as ISA NCAC2B .0101, .0103, .0201 - .0202; 2H 
.0502 - .0504, .0507; adopt 2B .0220; 2H .0501, 
.0506; and repeal 2B .0109. 

1 he proposed effective date of this action is 
August 1, 1995. 

lhe public hearing will be conducted at 7:00 
p.m. on: 

Monday, January 9, 1995 
Groundfloor Hearing Room 

Archdale Building 

512 North Salisbury Street 

Raleigh, NC 

Wednesday, January 11, 1995 

Humanities Lecture Hall 

UNC - Asheville 

Asheville, NC 

Thursday, January 12, 1995 

Medlin Campus Center, Level One 

Guilford Technical Community College 

Jamestown, NC 

Wednesday, January 18, 1995 

Francis Speight Auditorium 

Jenkins Fine Arts Center 

East Carolina University 

Greenville, NC 

Thursday, January 19, 1995 

Bryan Auditorium, Morton Hall 

UNC - Wilmington 

Wilmington, NC 

Jxeasonfor Proposed Action: The proposed rules 
and amendments clarify that wetlands are waters 
of the state, define wetlands, designate uses for 
wetlands, establish narrative criteria to protect the 
designated uses of wetlands and clarify that the 
antidegradation policy applies to wetlands. The 
rules also provide greater detail on the procedures 
used to review requests for 401 Water Quality 



Certifications. Wetlands are incorporated into the 
freshwater, tidal salt water and supplemental 
classifications for waters of the state by amend- 
ments to 15 A NCAC 2B .0101. Amendments to 
ISA NCAC 2B .0201 clarify that the anti- 
degradation policy applies to wetlands. The 
definition of wetlands and other definitions pertain- 
ing to wetlands are found in amendments to 15 A 
NCAC 2B .0202. Wetland uses and the narrative 
criteria to protect the designated uses are proposed 
at 15 A NCAC 2B .0220. The 401 Water Quality 
Certification review procedures, which are used to 
evaluate requests to discharge fill material into 
waters and wetlands, are incorporated into rules 
by the proposed rules and amendments found at 
15 A NCAC 2B .0501, .0502, .0503, .0504, .0506 
and . 0507. These proposed rules and amendments 
are intended to protect water quality through the 
protection of those wetlands that perform valuable 
water quality functions such as water storage and 
nutrient and pollutant removal. These wetlands 
also provide habitat for fish propagation and 
wildlife, and recreational and educational opportu- 
nities. Incorporation of the 401 Water Quality 
Certification review procedures into rules will 
inform the public of these procedures and increase 
the ability of the public to avoid and minimize 
impacts to waters and wetlands that are perform- 
ing important functions. Codification of these 
procedures will also result in an increase in the 
effectiveness and efficiency of the water quality 
certification process. 

Ksomment Procedures: Comments, statements, 
data and other information may be submitted in 
writing prior to, during or within 30 days after the 
date of the final hearing (February 20, 1995) or 
may be presented orally at the hearing. Oral 
statements may be limited at the discretion of the 
hearing officer. Submittal of written copies of oral 
statements is encouraged. Copies of the proposed 
rules and information package may be obtained by 
contacting the Water Quality Planning Branch at 
(919)733-5083, eat. 558 or 560. Written com- 
ments may be submitted to Ron Ferrell, Division of 
Environmental Management, Water Quality Sec- 
tion, P. O. Box 29535, Raleigh, NC 27626-0535. 

1 hese Rules affect the expenditures or revenues 
of local funds. A fiscal note was submitted to the 
Fiscal Research Division on November 10, 1994, 
OSBM on October 13, 1994, N.C. League of 
Municipalities on November 10, 1994, and N. C. 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1348 



PROPOSED RULES 



Association of County Commissioners on Novem- 
ber 10, 1994. 

CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 

SUBCHAPTER 2B - SURFACE 
WATER AND WETLAND STANDARDS 

SECTION .0100 - PROCEDURES FOR 

ASSIGNMENT OF WATER 

QUALITY STANDARDS 

.0101 GENERAL PROCEDURES 

(a) The rules Rules contained in Sections .0100, 
.0200 and .0300 of this Subchapter which pertain 
to the series of classifications and water quality 
standards shall be known as the "Classifications 
and Water Quality Standards Applicable to the 
Surface Waters and Wetlands of North Carolina. " 

(b) The Environmental Management Commis- 
sion, prior to classifying and assigning standards 
of water quality to any waters of the state, will 
proceed as follows: 

(1) The Commission, or its designee, will 
determine waters to be studied for the 
purpose of classification and assignment 
of water quality standards on the basis 
of user requests, petitions, or the identi- 
fication of existing or attainable water 
uses, as defined by 15A NCAC 2B 
.0202, not presently included in the 
water classification. 

(2) After appropriate studies of the identi- 
fied waters to obtain the data and infor- 
mation required for determining the 
proper classification of the waters or 
segments of water are completed, the 
Commission, or its designee, will make 
a decision on whether to initiate pro- 
ceedings to modify the classifications 
and water quality standards of identified 
waters. In the case of the 
Commission's designee deciding to 
initiate said proceedings, the designee 
will inform the Commission of the 
decision prior to scheduling a public 
hearing. 

(3) In the case of a petition for classifica- 
tion and assignment of water quality 
standards according to the requirements 
of General Statute 150B-20, the Direc- 
tor will make a preliminary recommen- 
dation on the appropriate classifications 
and water quality standards of the 



identified waters on the basis of the 
study findings or information included 
in the petition supporting the classifica- 
tion and standards changes. 

(4) The Commission will make a decision 
on whether to grant or deny a petition 
in accordance with the provisions of 
General Statute 150B-20 based on the 
information included in the petition and 
the recommendation of the Director. 
The Commission may deny the petition 
and request that the Division study the 
appropriate classifications and water 
quality standards for the petitioned 
waters in accordance with Subparagraph 
(b)(2) of this Rule. 

(5) The Director will give due notice of 
such hearing or hearings in accordance 
with the requirements of General Stat- 
ute 143-214.1 and G.S. 150B, and will 
appoint a hearing officer(s) in consulta- 
tion with the chairman of the Commis- 
sion. 

(6) The hearing officer(s) will, as soon as 
practicable after the completion of the 
hearing, submit a complete report of 
the proceedings of the hearing to the 
Commission. The hearing officer(s) 
shall include in the report a transcript 
or summary of testimony presented at 
such public hearing, relevant exhibits, 
a summary of relevant information from 
the stream studies conducted by the 
technical staff of the Commission, and 
final recommendations as to classifica- 
tion of the designated waters and the 
standards of water quality and best 
management practices which should be 
applied to the classifications recom- 
mended. 

(7) The Commission, after due consider- 
ation of the hearing records and the 
final recommendations of the hearing 
officer(s), will adopt its final action 
with respect to the assignment of classi- 
fications, and any applicable standards 
or best management practices applicable 
to the waters under consideration. The 
Commission will publish such action, 
together with the effective date for the 
application of the provisions of General 
Statute 143-215.1 and 143-215.2, as 
amended, as a part of the Commission's 
official rules. 

(8) The final action of the commission 



1349 



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December 1, 1994 



9:17 



PROPOSED RULES 



Commission with respect to the assign- 
ment of classification with its accompa- 
nying standards and best management 
practices shall contain the 
Commission's conclusions relative to 
the various factors given in General 
Statute 143-214. 1(d), and shall 
specifically include the class or classes 
to which such specifically designated 
waters in the watershed or watersheds 
shall be assigned on the basis of best 
usage in the interest of the public, 
(c) Freshwater Classifications. 

(1) Class C; freshwaters protected for 
secondary recreation, fishing, aquatic 
life including propagation and survival, 
and wildlife; all freshwaters are 
classified to protect these uses at a 
minimum; 

(2) Class B; freshwaters protected for 
primary recreation which includes 
swimming on a frequent or organized 
basis and all Class C uses; 

(3) Class WS-I; waters protected as water 
supplies which are essentially in natural 
and undeveloped watersheds; point 
source discharges of treated wastewater 
are permitted pursuant to Rules .0104 
and .0211 of this Subchapter; local 
programs to control nonpoint sources 
and stormwater discharges of pollution 
are required; suitable for all Class C 
uses; 

(4) Class WS-II; waters protected as water 
supplies which are generally in 
predominantly undeveloped watersheds; 
point source discharges of treated 
wastewater are permitted pursuant to 
Rules .0104 and .0211 of this 
Subchapter; local programs to control 
nonpoint sources and stormwater 
discharges of pollution are required; 
suitable for all Class C uses; 

(5) Class WS-III; waters protected as water 
supplies which are generally in low to 
moderately developed watersheds; point 
source discharges of treated wastewater 
are permitted pursuant to Rules .0104 
and .0211 of this Subchapter; local 
programs to control nonpoint sources 
and stormwater discharges of pollution 
are required; suitable for all Class C 
uses; 

(6) Class WS-IV; waters protected as water 
supplies which are generally in 



moderately to highly developed 
watersheds; point source discharges of 
treated wastewater are permitted 
pursuant to Rules .0104 and .0211 of 
this Subchapter; local programs to 
control nonpoint sources and 
stormwater discharges of pollution are 
required; suitable for all Class C uses; 

(7) Class WS-V; waters protected as water 
supplies which are generally upstream 
of and draining to Class-IV waters; no 
categorical restrictions on watershed 
development or treated wastewater 
discharges are required; however, the 
Commission or its designee may apply 
appropriate management requirements 
as deemed necessary for the protection 
of downstream receiving waters (15A 
NCAC 2B .0203); suitable for all Class 
C usesrj 

(8) Class WL; waters that meet the 
definition of wetlands found in 15A 
NCAC 2B .0202 except those 
designated as Class SWL. 

(d) Tidal Salt Water Classifications. 

(1) Class SC; saltwaters protected for 
secondary recreation, fishing, aquatic 
life including propagation and survival, 
and wildlife; all saltwaters are classified 
to protect these uses at a minimum; 

(2) Class SB; saltwaters protected for 
primary recreation which includes 
swimming on a frequent or organized 
basis and all Class SC uses; 

(3) Class SA; suitable for commercial 
shellfishing and all other tidal saltwater 
usesvj 

(4) Class SWL; waters that meet the 
definition of coastal wetlands as defined 
by OS, 113-229(n)(3), and which are 
landward of the mean high water line, 
and wetlands contiguous to estuarine 
waters as defined by G.S. 113A- 
113(b)(2). 

(e) Supplemental Classifications. 

(1) Trout waters (Tr); freshwaters protected 
for natural trout propagation and 
survival of stocked trout; 

(2) Swamp waters (Sw); waters which have 
low velocities and other natural 
characteristics which are different from 
adjacent streams; 

(3) Nutrient Sensitive Waters (NSW); 
waters subject to growths of 
microscopic or macroscopic vegetation 



9:17 



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December 1, 1994 



1350 



PROPOSED RULES 



requiring limitations on nutrient inputs; 

(4) Outstanding Resource Waters (ORW); 
unique and special waters of 
exceptional state or national recreational 
or ecological significance which require 
special protection to maintain existing 
uses; 

(5) High Quality Waters (HQW); waters 
which are rated as excellent based on 
biological and physical/chemical 
characteristics through Division 
monitoring or special studies, native 
and special native trout waters (and 
their tributaries) designated by the 
Wildlife Resources Commission, 
primary nursery areas (PNA) 
designated by the Marine Fisheries 
Commission and other functional 
nursery areas designated by the Wildlife 
Resources Commission, critical habitat 
areas designated by the Wildlife 
Resources Commission or the 
Department of Agriculture, all water 
supply watersheds which are either 
classified as WS-I or WS-II or those for 
which a formal petition for 
reclassification as WS-I or WS-II has 
been received from the appropriate 
local government and accepted by the 
Division of Environmental Management 
and all Class SA waters^; 

(6) Unique wetland (UWL); wetlands of 
exceptional state or national ecological 
significance which require special 
protection to maintain existing uses. 
These wetlands could include but are 
not limited to wetlands contiguous to 
waters designated as ORW, and 
wetlands that have been documented to 
the satisfaction of the Commission as 
habitat essential for the continued 
existence of state or federally listed 
threatened or endangered species. 

(f) In determining the best usage of waters and 
assigning classifications of such waters, the 
Commission will consider the criteria specified in 
General Statute 143-214. 1(d) and all existing uses 
as defined by 15A NCAC 2B .0202. In 
determining whether to revise a designated best 
usage for waters through a revision to the 
classifications, the Commission will follow the 
requirements of 40 CFR 131. 10(b), (c),(d) and (g) 
which are hereby incorporated by reference 
including any subsequent amendments and 
editions. This material is available for inspection 



at the Department of Environment, Health, and 
Natural Resources, Division of Environmental 
Management, Water Quality Planning Branch, 512 
North Salisbury Street, Raleigh, North Carolina. 
Copies may be obtained from the U.S. 
Government Printing Office, Superintendent of 
Documents, Washington, DC 20402-9325 at a cost 
of thirteen dollars ($13.00). 

(g) When revising the classification of waters, 
the Division will collect water quality data within 
the watershed for those substances which require 
more stringent control than required by the 
existing classification. However, such sampling 
may be limited to only those parameters which are 
of concern. If the revision to classifications 
involves the removal of a designated use, the 
Division will conduct a use attainability study as 
required by the provisions of 40 CFR 131 . 10(j) 
which are hereby incorporated by reference 
including any subsequent amendments and 
editions. This material is available for inspection 
at the Department of Environment, Health, and 
Natural Resources, Division of Environmental 
Management, Water Quality Planning Branch, 512 
North Salisbury Street, Raleigh, North Carolina. 
Copies may be obtained from the U.S. 
Government Printing Office, Superintendent of 
Documents, Washington, DC 20402-9325 at a cost 
of thirteen dollars ($13.00). 



Statutory Authority 
143-215. 3(a)(1). 



G.S. 143-214.1; 



.0103 ANALYTICAL PROCEDURES 

(a) Chemical/Physical Procedures. Tests or 
analytical procedures to determine conformity or 
non-conformity with standards will, insofar as 
practicable and applicable, conform to the 
guidelines by the Environmental Protection Agency 
codified as 40 CFR, Part 136, which are hereby 
incorporated by reference including any subsequent 
amendments and editions or such other methods as 
may be approved by the Director. This material is 
available for inspection at the Department of 
Environment, Health, and Natural Resources, 
Division of Environmental Management, Water 
Quality Planning Branch, 512 North Salisbury 
Street, Raleigh, North Carolina. Copies may be 
obtained from the U.S. Government Printing 
Office, Superintendent of Documents, Washington, 
DC 20402-9325 at a cost of thirteen dollars 
($13.00). 

(b) Biological Procedures. Biological tests to 
determine conformity or non-conformity with 
standards will be based on methods published by 



1351 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



PROPOSED RULES 



the U.S. Environmental Protection Agency as 
outlined in "Methods for Measuring the Acute 
Toxicity of Effluents to Freshwater and Marine 
Organisms, Fourth Edition" (1991; Report No. 
EPA/600/4-90/027) or subsequent versions, 
"Short-term Methods for Estimating the Chronic 
Toxicity of Effluents and Receiving Waters to 
Freshwater Organisms, Second Edition" (1989; 
Report No. EPA/600/4-89/001) or subsequent 
versions, and "Short-term Methods for Estimating 
the Chronic Toxicity of Effluents and Receiving 
Waters to Marine and Estuarine Organisms" 
(Report No. EPA/600/4-87/028) or subsequent 
versions, or methods published by the North 
Carolina Department of Environment, Health, and 
Natural Resources, as outlined in "Standard 
Operating Procedures: Biological Monitoring" 
(1990; Division of Environmental Management, 
Water Quality Section) or subsequent versions, or 
such other methods as approved by the Director. 

(c) Wetland Evaluation Procedures. Evaluations 
of wetlands for the presence of existing uses will 
be based on methods or guidance approved by the 
Director and published by the North Carolina 
Department of Environment, Health, and Natural 
Resources as outlined in "North Carolina Division 
of Environmental Management Wetland Rating 
System " or subsequent versions. Copies of the 
NCDEM Wetland Rating System may be obtained 
by submitting a written request to NCDEM, Water 
Quality Section, P.O. Box 29535, Raleigh, NC 
27626-0535. Other methods must be approved by 
the Director. 

Statutory Authority G.S. 143-214.1; 
143-21 5. 3(a)(1). 

.0109 WATERS AFFECTED BY 

DREDGE AND FILL ACTIVITIES 

Project s that alter the roach and extent of a 
freshwater wetland — wtH — not be considered — as 



Nation 



removing existing uses ot the wetland in viol, 
of the Antidegmdation Policy [pur s uant to 15A 
NCAC 2B .0201(b)] if the alteration protects all 
exi s ting and designated uses of all waters of the 
s tate. — In making this determination, the Director 
will be guided by 4 CFR Part 230, Subparts A 
through F. 

Statutory Authority G.S. 143-214.1. 



SECTION .0200 - CLASSIFICATIONS 

AND WATER QUALITY STANDARDS 

APPLICABLE TO SURFACE WATERS 

AND WETLANDS OF NORTH CAROLINA 



.0201 ANTIDEGRADATION POLICY 

(a) It is the policy of the Environmental 
Management Commission to maintain, protect, and 
enhance water quality within the State of North 
Carolina. Pursuant to this policy, the requirements 
of 40 CFR 131.12 are hereby incorporated by 
reference including any subsequent amendments 
and editions. This material is available for 
inspection at the Department of Environment, 
Health, and Natural Resources, Division of 
Environmental Management, Water Quality 
Planning Branch, 512 North Salisbury Street, 
Raleigh, North Carolina. Copies may be obtained 
from the U.S. Government Printing Office, 
Superintendent of Documents, Washington, DC 
20402-9325 at a cost of thirteen dollars ($13.00). 
These requirements will be implemented in North 
Carolina as set forth in Paragraphs (b), (c) aad (d)^ 
(e) and (J) of this Rule. 

(b) Existing uses, as defined by Rule .0202 of 
this Section, and the water quality to protect such 
uses shall be protected by properly classifying 
surface waters and having standards sufficient to 
protect these uses. In cases where the Commission 
or its designee determines that an existing use is 
not included in the classification of waters, a 
project which will affect these waters will not be 
permitted unless the existing uses are protected. 

(c) The Commission shall consider the present 
and anticipated usage of waters with quality higher 
than the standards, including any uses not specified 
by the assigned classification (such as outstanding 
national resource waters or waters of exceptional 
water quality) and will not allow degradation of 
the quality of waters with quality higher than the 
standards below the water quality necessary to 
maintain existing and anticipated uses of those 
waters. Waters with quality higher than the 
standards are defined by Rule .0202 of this 
Section. The following procedures will be 
implemented in order to meet these requirements: 

(1) Each applicant for an NPDES permit or 
NPDES permit expansion to discharge 
treated waste will document an effort to 
consider non-discharge alternatives 
pursuant to 15A NCAC 2H .0105(c)(2). 

(2) Public Notices for NPDES permits will 
list parameters that would be water 
quality limited and state whether or not 
the discharge will use the entire 
available load capacity of the receiving 
waters and may cause more stringent 
water quality based effluent limitations 
to be established for dischargers 



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December 1, 1994 



1352 



PROPOSED RULES 



downstream. 

(3) The Division may require supplemental 
documentation from the affected local 
government that a proposed project or 
parts of the project are necessary for 
important economic and social 
development. 

(4) The Commission and Division will 
work with local governments on a 
voluntary basis to identify and develop 
appropriate management strategies or 
classifications for waters with unused 
pollutant loading capacity to 
accommodate future economic growth. 

Waters with quality higher than the standards will 
be identified by the Division on a case-by-case 
basis through the NPDES permitting and waste 
load allocation processes (pursuant to the 
provisions of 15A NCAC 2H .0100). Dischargers 
affected by the requirements of Paragraphs (c)(1) 
through (c)(4) of this Rule and the public at large 
will be notified according to the provisions 
described herein, and all other appropriate 
provisions pursuant to 15A NCAC 2H .0109. If 
an applicant objects to the requirements to protect 
waters with quality higher than the standards and 
believes degradation is necessary to accommodate 
important social and economic development, the 
applicant can contest these requirements according 
to the provisions of General Statute 143-215. 1(e) 
and 150B-23. 

(d) The Commission shall consider the present 
and anticipated usage of High Quality Waters 
(HQW), including any uses not specified by the 
assigned classification (such as outstanding national 
resource waters or waters of exceptional water 
quality) and will not allow degradation of the 
quality of High Quality Waters below the water 
quality necessary to maintain existing and 
anticipated uses of those waters. High Quality 
Waters are a subset of waters with quality higher 
than the standards and are as described by 15 A 
NCAC 2B .0101(e)(5). The following procedures 
will be implemented in order to meet the 
requirements of this part: 

(1) New or expanded wastewater 

discharges in High Quality Waters will 

comply with the following: 

(A) Discharges from new single family 
residences will be prohibited. Those 
that must discharge will install a 
septic tank, dual or recirculating sand 
filters, disinfection and step aeration. 

(B) All new NPDES wastewater 
discharges (except single family 



residences) will be required to provide 
the treatment described below: 

(i) Oxygen Consuming Wastes: 
Effluent limitations will be as 
follows: BOD 5 = 5 mg/1, NH 3 -N 
= 2 mg/1 and DO = 6 mg/1. 
More stringent limitations will be 
set, if necessary, to ensure that 
the cumulative pollutant discharge 
of oxygen-consuming wastes will 
not cause the DO of the receiving 
water to drop more than 0.5 mg/1 
below background levels, and in 
no case below the standard. 
Where background information is 
not readily available, evaluations 
will assume a percent saturation 
determined by staff to be 
generally applicable to that 
hydroenvironment. 

(ii) Total Suspended Solids: 
Discharges of total suspended 
solids (TSS) will be limited to 
effluent concentrations of 10 mg/1 
for trout waters and PNA's, and 
to 20 mg/1 for all other High 
Quality Waters. 

(iii) Disinfection: Alternative methods 
to chlorination will be required 
for discharges to trout streams, 
except that single family 
residences may use chlorination if 
other options are not economically 
feasible. Domestic discharges are 
prohibited to SA waters. 

(iv) Emergency Requirements: 
Failsafe treatment designs will be 
employed, including stand-by 
power capability for entire 
treatment works, dual train design 
for all treatment components, or 
equivalent failsafe treatment 
designs. 

(v) Volume: The total volume of 
treated wastewater for all 
discharges combined will not 
exceed 50 percent of the total 
instream flow under 7Q10 
conditions. 

(vi) Nutrients: Where nutrient 

overenrichment is projected to be 
a concern, appropriate effluent 
limitations will be set for 
phosphorus or nitrogen, or both. 

(vii) Toxic substances: In cases where 



1353 



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PROPOSED RULES 



complex wastes (those containing 

or potentially containing toxicants) 

may be present in a discharge, a 

safety factor will be applied to 

any chemical or whole effluent 

toxicity allocation. The limit for 

a specific chemical constituent 

will be allocated at one-half of the 

normal standard at design 

conditions. Whole effluent 

toxicity will be allocated to 

protect for chronic toxicity at an 

effluent concentration equal to 

twice that which is acceptable 

under design conditions. In all 

instances there may be no acute 

toxicity in an effluent 

concentration of 90 percent as 

measured by the North Carolina 

"Pass/Fail Methodology for 

Determining Acute Toxicity in a 

Single Effluent Concentration". 

Ammonia toxicity will be 

evaluated according to EPA 

guidelines promulgated in the 

Ammonia Criteria Development 

Document (1986); EPA document 

number 440/5-85-001; NTIS 

number PB85-227114; July 29, 

1985 (50 FR 30784). 

(C) All expanded NPDES wastewater 

discharges in High Quality Waters 

will be required to provide the 

treatment described in part (1)(B) of 

this Rule, except for those existing 

discharges which expand with no 

increase in permitted pollutant 

loading. 

(2) Development activities which require an 

Erosion and Sedimentation Control Plan 

in accordance with rules established by 

the NC Sedimentation Control 

Commission or local erosion and 

sedimentation control program 

approved in accordance with 15A 

NCAC 4B .0218, and which drain to 

and are within one mile of High Quality 

Waters (HQW) will be required to 

control runoff from the one inch design 

storm as follows: 

(A) Low Density Option: Developments 

which limit single family 

developments to one acre lots and 

other type developments to 12 percent 

built-upon area, have no stormwater 



collection system as defined in 15 A 
NCAC 2H .1002(13), and have 
built-upon areas at least 30 feet from 
surface waters will be deemed to 
comply with this requirement, unless 
it is determined that additional runoff 
control measures are required to 
protect the water quality of High 
Quality Waters necessary to maintain 
existing and anticipated uses of those 
waters, in which case more stringent 
stormwater runoff control measures 
may be required on a case-by-case 
basis. Activities conforming to the 
requirements described in 15A NCAC 
2H .1003(a) [except for 
Subparagraphs (2) and (3) which 
apply only to waters within the 20 
coastal counties as defined in 15A 
NCAC 2H .1002(9)] will also be 
deemed to comply with this 
requirement, except as provided in the 
preceding sentence. 

(B) High Density Option: Higher density 
developments will be allowed if 
stormwater control systems utilizing 
wet detention ponds as described in 
15A NCAC 2H .1003(i), (k) and (1) 
are installed, operated and maintained 
which control the runoff from all 
built-upon areas generated from one 
inch of rainfall, unless it is 
determined that additional runoff 
control measures are required to 
protect the water quality of High 
Quality Waters necessary to maintain 
existing and anticipated uses of those 
waters, in which case more stringent 
stormwater runoff control measures 
may be required on a case-by-case 
basis. The size of the control system 
must take into account the runoff 
from any pervious surfaces draining 
to the system. 

(C) All waters classified WS-I or WS-II 
and all waters located in the 20 
coastal counties as defined in Rule 
15A NCAC 2H . 1002(9) are excluded 
from this requirement since they 
already have requirements for 
nonpoint source controls. 

If an applicant objects to the requirements to 
protect high quality waters and believes 
degradation is necessary to accommodate important 
social and economic development, the applicant 



9:1 7 



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December 1, 1994 



1354 



PROPOSED RULES 



can contest these requirements according to the 
provisions of G.S. 143-215. 1(e) and 150B-23. 

(e) Outstanding Resource Waters (ORW) are a 
special subset of High Quality Waters with unique 
and special characteristics as described in Rule 
.0216 of this Section. The water quality of waters 
classified as ORW shall be maintained such that 
existing uses, including the outstanding resource 
values of said Outstanding Resource Waters, will 
be maintained and protected. 

(f) Activities regulated under Section 404 of the 
Clean Water Act (33 U.S.C. 13441 which require 
a water quality certification as described in Section 
401 of the Clean Water Act (33 U.S.C. 1341) 
shall be evaluated according to the procedures 
outlined in 15 A NCAC 2H .0500. The evaluation 
of permits issued pursuant to G.S. 143-215.1 that 
involve the assimilation of wastewater or 
storm water by wetlands will incorporate the 
criteria found in 15A NCAC 2H .0506(c)(l)-(5) in 
determining the potential impact of the proposed 
activity on the existing uses of the wetland per 
15A NCAC 2H .0220. 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215. 3(a)(1). 

.0202 DEFINITIONS 

The definition of any word or phrase used in 

these rules Rules shall be the same as given in 

Article 21, Chapter 143 of the General Statutes of 

North Carolina. The following words and phrases, 

which are not defined in this article, will be 

interpreted as follows: 

(1) Acute toxicity to aquatic life means 

lethality or other harmful effects 

sustained by either resident aquatic 

populations or indicator species used as 

test organisms in a controlled toxicity test 

due to a short-term exposure (relative to 

the life cycle of the organism) to a 

specific chemical or mixture of chemicals 

(as in an effluent). Short-term exposure 

for acute tests is generally 96 hours or 

less. Acute toxicity will be determined 

using the following procedures: 

(a) for specific chemical constituents or 

compounds, acceptable levels will be 

equivalent to a concentration of 

one-half or less of the Final Acute 

Value (FAV) as determined according 

to "Guidelines for Deriving Numerical 

Water Quality Criteria for the 

Protection of Aquatic Life and its Uses" 

published by the Environmental 



Protection Agency and referenced in the 
Federal Register (50 FR 30784, July 
29, 1985). 

(b) for specific chemical constituents or 
compounds for which values described 
under Subparagraph (l)(a) of this Rule 
can not be determined, acceptable 
levels will be equivalent to a 
concentration of one-third or less of the 
lowest available LC50 value. 

(c) for effluents, acceptable levels are 
defined as no statistically measurable 
lethality (99 percent confidence level 
using Students t test) during a specified 
exposure period. Concentrations of 
exposure will be determined on a 
case-by-case basis. 

(d) in instances where detailed dose 
response data indicate that levels of 
acute toxicity are significantly different 
from those defined in this Rule, the 
Director may determine on a 
case-by-case basis an alternate 
acceptable level through statistical 
analyses of the dose response curve. 

(2) Acute to Chronic Ratio (ACR) means the 
ratio of acute toxicity expressed as an 
LC50 for a specific toxicant or an 
effluent to the chronic value for the same 
toxicant or effluent. 

(3) Agricultural uses include the use of 
waters for stock watering, irrigation, and 
other farm purposes. 

(4) Approved treatment, as applied to water 
supplies, means treatment accepted as 
satisfactory by the Division of 
Environmental Health or Division of 
Environmental Management. 

(5) Average (except bacterial) means 
arithmetical average and includes the 
analytical results of all samples taken 
during the specified period; all sampling 
shall be done as to obtain the most 
representative sample under prevailing 
conditions: 

(a) Daily Average for dissolved oxygen, 
shall be of at least four samples; 

(b) Weekly Average means the average of 
all daily composite samples obtained 
during the calendar week; if only one 
grab sample is taken each day, the 
weekly average is the average of all 
daily grab samples; a minimum of three 
daily grab samples is needed to 
calculate a weekly average; 



1355 



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December 1, 1994 



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PROPOSED RULES 



(c) Monthly Average means the average of 

all daily composites (or grab samples if 

only one per day) obtained during the 

calendar month. (11) 

The definitions in this Paragraph do not affect 

the monitoring requirements for NPDES permits 

but rather are to be used by the Division along 

with other methodologies in determining violations 

of water quality standards. Arithmetical averages 

as denned by this Rule, and not confidence limits 

nor other statistical descriptions, will be used in all 

calculations of limitations which require the use of 

averages pursuant to this Rule and 40 CFR 

122.41(l)(4)(iii). (12) 

(6) Best Management Practice (BMP) means 
a structural or nonstructural 
management-based practice used 
singularly or in combination to reduce 
nonpoint source inputs to receiving 
waters in order to achieve water quality 
protection goals. 

(7) Best usage of waters as specified for each (13) 
class means those uses as determined by 

the Environmental Management 
Commission in accordance with the 
provisions of Article 21, Chapter 
143-214.1, General Statutes of North 
Carolina. 

(8) Bioaccumulation factor (BAF) is a 
unitless value that describes the degree to 
which substances are taken up or 
accumulated into tissues of acquatic 
organisms from water directly and from 
food or other ingested materials 
containing the accumulated substances, 

and is usually measured as a ratio of a (14) 

substance's concentration in tissue versus 

its concentration in water in situations 

where exposure to the substance is 

occurring from both water and the food 

chain. 

(9) Bioconcentration factor (BCF) is a (15) 
unitless value that describes the degree to 

which substances are absorbed or 
concentrated into tissues of aquatic 
organisms from water directly and is 
usually measured as a ratio of substance's 
concentration in tissue versus its (16) 

concentration in water in situations where 
exposure to the substance is occurring 
from water only. 

(10) Biological integrity means the ability of 
an aquatic ecosystem to support and 
maintain a balanced and indigenous 
community of organisms having species (17) 



composition, diversity, population 
densities and functional organization 
similar to that of reference conditions. 
Buffer means a natural or vegetated area 
through which stormwater runoff flows in 
a diffuse manner so that the runoff does 
not become channelized and which 
provides for infiltration of the runoff and 
filtering of pollutants. The buffer is 
measured landward from the normal pool 
elevation of impounded structures and 
from the bank of each side of streams or 
rivers. 

Built-upon area means that portion of a 
development project that is covered by 
impervious or partially impervious cover 
including buildings, pavement, gravel 
roads, recreation facilities (e.g. tennis 
courts), etc. (Note: Wooden slatted 
decks and the water area of a swimming 
pool are considered pervious.) 
Chronic toxicity to aquatic life means any 
harmful effect sustained by either resident 
aquatic populations or indicator species 
used as test organisms in a controlled 
toxicity test due to long-term exposure 
(relative to the life cycle of the organism) 
or exposure during a substantial portion 
of the duration of a sensitive period of 
the life cycle to a specific chemical 
substance or mixture of chemicals (as in 
an effluent). In absence of extended 
periods of exposure, early life stage or 
reproductive toxicity tests may be used to 
define chronic impacts. 
Chronic value for aquatic life means the 
geometric mean of two concentrations 
identified in a controlled toxicity test as 
the No Observable Effect Concentration 
(NOEC) and the Lowest Observable 
Effect Concentration (LOEC). 
Concentrations are the mass of a 
substance per volume of water and for 
the purposes of this Section will be 
expressed as milligrams per liter (mg/1), 
micrograms per liter (ug/1), or nanograms 
per liter (ng/1). 

Contiguous refers to those wetlands 
landward of the mean high water line or 
normal water level and within 575 feet of 
classified surface waters which appear as 
solid blue lines on the most recently 
published versions of U.S.G.S. 1:24,000 
(7.5 minute) scale topographic maps. 
f+6)Critical area means the area adjacent 



NORTH CAROLINA REGISTER 



December 1, 1994 



1356 



PROPOSED RULES 



to a water supply intake or reservoir 

where risk associated with pollution is 

greater than from the remaining portions 

of the watershed. The critical area is 

defined as extending either 1/2 mile from 

the normal pool elevation of the reservoir 

in which the intake is located or to the 

ridge line of the watershed (whichever 

comes first); or 1/2 mile upstream from 

and draining to the intake (or other 

appropriate downstream location 

associated with the water supply) located 

directly in the stream or river 

(run-of-the-river), or to the ridge line of 

the watershed (whichever comes first). (24) 

Since WS-I watersheds are essentially 

undeveloped, establishment of a critical 

area is not required. Local governments 

may extend the critical area as needed. 

Major landmarks such as highways or 

property lines may be used to delineate (25) 

the outer boundary of the critical area if 

these landmarks are immediately adjacent 

to the appropriate outer boundary of 1/2 

mile. The Commission may adopt a 

different critical area size during the 

reclassification process. 

(18) f4-7)Critical habitat areas are defined for 
the purposes of the rules of this Section 
as those waters which are considered to 
be essential for the continued existence of 
an endangered or threatened species, and 

which are so designated by the NC (a) 

Wildlife Resources Commission for 
animals or the NC Department of 
Agriculture for plants. 

(19) ft8)Designated Nonpoint Source Agency 

means those agencies specified by the (b) 

Governor in the North Carolina Nonpoint 

Source Management Program, as 

approved by the Environmental (c) 

Protection Agency. 

(20) fW)Development means any land 
disturbing activity which adds to or 
changes the amount of impervious or 

partially impervious cover on a land area (26) 

or which otherwise decreases the 
infiltration of precipitation into the soil. 

(21) {2©)Discharge is the addition of any 
man-induced waste effluent either directly 
or indirectly to state surface waters. 

(22) {2±}Division means the Division of 
Environmental Management or its 
successors. 

(23) {23)Domestic wastewater discharge 



means the discharge of sewage, 
non-process industrial wastewater, other 
domestic wastewater or any combination 
of these items. Unless excepted by the 
Director, domestic wastewater includes 
liquid waste generated by domestic water 
using fixtures and appliances, from any 
residence, place of business, or place of 
public assembly even if it contains no 
sewage. Examples of domestic 

wastewater include once-through 
non-contact cooling water, seafood 
packing facility discharges and 
wastewater from restaurants. 
{33)Effluent channel means a discernable 
confined and discrete conveyance which 
is used for transporting treated 
wastewater to a receiving stream or other 
body of water as provided in Rule .0215 
of this Section. 

{34)Existing development, for the 

purposes of these Rules, shall be defined 

as those projects that are built or those 

projects that at a minimum have 

established a vested right under North 

Carolina zoning law as of the effective 

date of the local government water 

supply ordinance, or such earlier time 

that an affected local government's 

management plans and ordinances shall 

specify, based on at least one of the 

following criteria: 

substantial expenditures of resources 

(time, labor, money) based on a good 

faith reliance upon having received a 

valid local government approval to 

proceed with the project, or 

having an outstanding valid building 

permit in compliance with G.S. 

153A-344.1 or G.S. 160A-385.1, or 

having expended substantial resources 

(time, labor, money) and having an 

approved site specific or phased 

development plan in compliance with 

G.S. 153A-344.1 or G.S. 160A-385.1. 

{3§)Existing uses mean uses actually 

attained in the water body, in a 

significant and not incidental manner, on 

or after November 28, 1975, whether or 

not they are included in the water quality 

standards, which either have been 

actually available to the public or are 

uses deemed attainable by the 

Environmental Management Commission. 

At a minimum, uses shall be deemed 



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PROPOSED RULES 



attainable if they can be achieved by the (c) 

imposition of effluent limits and 
cost-effective and reasonable best 
management practices (BMPs) for 
nonpoint source control. (d) 

(27) {26)Fishing means the taking of fish by 
sport or commercial methods as well as 

the consumption of fish or shellfish or the (31) 

propagation of fish and such other 
aquatic life as is necessary to provide a 
suitable environment for fish. 

(28) {2-7)Freshwater means all waters that 
under natural conditions would have a 
chloride ion content of 500 mg/1 or less. 

(29) {38)Hazardous material means any 
substance listed as such in: Superfund 
Amendments and Reauthorization Act 

(SARA) Section 302 Extremely (32) 

Hazardous Substances (42 USC 1 1000 et 

seq.), Comprehensive Environmental 

Response, Compensation and Liability (33) 

Act (CERCLA) Hazardous Substances 

(42 USC 9601 et seq.) or Section 311 of 

the Clean Water Act (CWA), as amended 

(33 USC 1251 et seq.; oil and hazardous 

substances) hereby incorporated by 

reference including any subsequent 

amendments and editions. This material 

is available for inspection at the 

Department of Environment, Health, and 

Natural Resources, Division of 

Environmental Management, 512 North (34) 

Salisbury Street, Raleigh, North 

Carolina. Copies of SARA and 

CERCLA may be obtained as a single (35) 

package from the Superintendent of 

Documents, U.S. Government Printing 

Office, Washington, DC. 20402-9325 at 

a cost of one hundred and one dollars 

($101.00). Copies of CWA may be 

obtained from the Superintendent of 

Documents, U.S. Government Printing (36) 

Office, Washington, DC. 20402-9325 at 

a cost of fifty dollars ($50.00). 

(30) {39)Industrial discharge means the 
discharge of industrial process treated 
wastewater or wastewater other than 
sewage and includes: 

(a) wastewater resulting from any process 
of industry or manufacture, or from the 
development of any natural resource; 

(b) wastewater resulting from processes of (37) 
trade or business, including wastewater 

from laundromats and car washes, but 
not wastewater from restaurants; 



stormwater will not be considered to be 
an industrial wastewater unless it is 
contaminated with industrial 
wastewater; or 

wastewater discharged from a municipal 
wastewater treatment plant requiring a 
pretreatment program. 
{3Q)LC50 means that concentration of a 
toxic substance which is lethal (or 
immobilizing, if appropriate) to 50 
percent of the organisms tested during a 
specified exposure period. The LC50 
concentration for toxic materials shall be 
determined for sensitive species as 
defined by Subparagraph (43) of this 
Rule under aquatic conditions 
characteristic of the receiving waters. 
{W^Local government means a city or 
county in singular or plural as defined in 
G.S. 160A-l(2)andG.S. 158A-10. 
£32)Lower piedmont and coastal plain 
waters mean those waters of the Catawba 
River Basin below Lookout Shoals Dam; 
the Yadkin River Basin below the 
junction of the Forsyth, Yadkin, and 
Davie County lines; and all of the waters 
of Cape Fear, Lumber, Roanoke, Neuse, 
Tar-Pamlico, Chowan, Pasquotank, and 
White Oak River Basins; except tidal salt 
waters which are assigned S 
classifications. 

{33)MF is an abbreviation for the 
membrane filter procedure for 
bacteriological analysis. 
{34)Mixing zone means a region of the 
receiving water in the vicinity of a 
discharge within which dispersion and 
dilution of constituents in the discharge 
occurs and such zones shall be subject to 
conditions established in accordance with 
15A NCAC 2B .0204(b). 
{35}Mountain and upper piedmont waters 
mean all of the waters of the Hiwassee; 
Little Tennessee, including the Savannah 
River drainage area; French Broad; 
Broad; New; and Watauga River Basins; 
and those portions of the Catawba River 
Basin above Lookout Shoals Dam and the 
Yadkin River Basin above the junction of 
the Forsyth, Yadkin, and Davie County 
lines. 

{36)Nonpoint source pollution means 
pollution which enters waters mainly as a 
result of precipitation and subsequent 
runoff from lands which have been 



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1358 



PROPOSED RULES 



disturbed by man's activities and includes 
all sources of water pollution which are 
not required to have a permit in 
accordance with G.S. 143-215. 1(c). 

(38) {^?}Non-process discharge means 
industrial effluent not directly resulting 
from the manufacturing process. An 
example would be non-contact cooling 
water from a compressor. 

(39) £3&)Nutrient sensitive waters mean those 
waters which are so designated in the 
classification schedule in order to limit 
the discharge of nutrients (usually 
nitrogen and phosphorus). They are 
designated by "NSW" following the 
water classification. 

(40) 09)Offensive condition means any 
condition or conditions resulting from the 
presence of sewage, industrial wastes or 
other wastes within the waters of the state 
or along the shorelines thereof which 
shall either directly or indirectly cause 
foul or noxious odors, unsightly 
conditions, or breeding of abnormally 
large quantities of mosquitoes or other 
insect pests, or shall damage private or 
public water supplies or other structures, 
result in the development of gases which 
destroy or damage surrounding property, 
herbage or grasses, or which may cause 
the impairment of taste, such as from fish 
flesh tainting, or affect the health of any 
person residing or working in the area. 

(41) {49)Primary Nursery Axeas (PNAs) are 
tidal saltwaters which provide essential 
habitat for the early development of 
commercially important fish and shellfish 
and are so designated by the Marine 
Fisheries Commission. 

(42) {44-}Primary recreation includes 
swimming, skin diving, skiing, and 
similar uses involving human body 
contact with water where such activities 
take place in an organized or on a 
frequent basis. 

(43) f43)Protected area means the area 
adjoining and upstream of the critical 
area in a WS-IV water supply in which 
protection measures are required. The 
boundaries of the protected areas are 
defined as extending five miles upstream 
and draining to water supply reservoirs 
(measured from the normal pool 
elevation) or to the ridge line of the 
watershed (whichever comes first); or 10 



(44) 



(45) 



(46) 



(a) 
(bi 

(CI 

(d) 
(e, 
(f) 
(g) 

(h) 
(i) 

CD 

(kt 

a) 

(m) 

(n) 



(47) 



miles upstream and draining to the intake 
located directly in the stream or river 
(run-of-the-river) , or to the ridge line of 
the watershed (whichever comes first). 
Local governments may extend the 
protected area. Major landmarks such as 
highways or property lines may be used 
to delineate the outer boundary of the 
protected area if these landmarks are 
immediately adjacent to the appropriate 
outer boundary of five or 10 miles. In 
some cases the protected area will 
encompass the entire watershed. The 
Commission may adopt a different 
protected area size during the 
reclassification process. 
f44)Residential development means 
buildings for residence such as attached 
and detached single family dwellings, 
apartment complexes, condominiums, 
townhouses, cottages, etc. and their 
associated outbuildings such as garages, 
storage buildings, gazebos, etc. 
{44}Secondary recreation includes 
wading, boating, other uses not involving 
human body contact with water, and 
activities involving human body contact 
with water where such activities take 
place on an infrequent, unorganized, or 
incidental basis. 

{4§)Sensitive species for aquatic toxicity 
testing is any species utilized in 
procedures accepted by the Commission 
or its designee in accordance with Rule 
.0103 of this Subchapter, or the 
following genera: 

Daphnia; 

Ceriodaphnia; 

Salmo; 

Pimephales; 

Mysidopsis; 

Champia; 

Cyprinodon; 

Arbacia; 

Penaeus; 

Menidia; 

Notropis; 

Salvelinus; 

Oncorhynchus; 

Selenastrum. 
Other genera may be accepted by the 
Commission or its designee on a 
case-by-case basis. 

{46)Shellfish culture includes the use of 
waters for the propagation, storage and 



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PROPOSED RULES 



gathering of oysters, clams, and other 
shellfish for market purposes. 

(48) f47)Sludge/residuals means any solid or 
semisolid waste generated from a 
wastewater treatment plant, water (54) 
treatment plant or air pollution control 

facility permitted under the authority of 
the Environmental Management 
Commission. (55) 

(49) {48)Source of water supply for drinking, 
culinary or food-processing purposes 
means any source, either public or 
private, the waters from which are used 
for human consumption, or used in 
connection with the processing of milk, 
beverages, food, or other purpose which 
requires water suitable for human 
consumption. (56) 

(50) {49)Swamp waters mean those waters 
which are classified by the Environmental 
Management Commission and which are 
topographically located so as to generally 
have very low velocities and certain other 
characteristics which are different from 
adjacent streams draining steeper 
topography. They are designated by 
"Sw" following the water classification. 

(51) {§Q)Tidal salt waters mean all tidal (57) 
waters which are classified by the 
Environmental Management Commission 

which generally have a natural chloride 
ion content in excess of 500 parts per 
million and include all waters assigned S 
classifications. 

(52) {54}Toxic substance or toxicant means 

any substance or combination of (58) 

substances (including disease-causing 

agents), which after discharge and upon 

exposure, ingestion, inhalation, or 

assimilation into any organism, either 

directly from the environment or 

indirectly by ingestion through food 

chains, has the potential to cause death, 

disease, behavioral abnormalities, cancer, 

genetic mutations, physiological (59) 

malfunctions (including malfunctions or 

suppression in reproduction or growth) or 

physical deformities in such organisms or 

their offspring. 

(53) {S3)Trout waters are those waters which 
have conditions which will sustain and 
allow for trout propagation and survival 
of stocked trout on a year-round basis. 
These waters are classified by the 
Commission after considering the 



requirements of Rule .0101(b) and (c) of 
this Subchapter and include all waters 
designated by "Tr" in the water 
classification. 

{§3)Waste disposal includes the use of 
waters for disposal of sewage, industrial 
waste or other waste after approved 
treatment. 

(54)Water dependent structures are those 
structures for which the use requires 
access or proximity to or siting within 
surface waters to fulfill its basic purpose, 
such as boat ramps, boat houses, docks 
and bulkheads. Ancillary facilities such 
as restaurants, outlets for boat supplies, 
parking lots and commercial boat storage 
areas are not water dependent structures. 
{§S)Water quality based effluent limits 
and best management practices are 
limitations or best management practices 
developed by the Division for the 
purpose of protecting water quality 
standards and best usage of surface 
waters consistent with the requirements 
of General Statute 143-214.1 and the 
Federal Water Pollution Control Act as 
amended. 

{56)Waters with quality higher than the 
standards means all waters for which the 
determination of waste load allocations 
(pursuant to Rule .0206 of this Section) 
indicates that water quality is sufficiently 
greater than that defined by the standards 
such that significant pollutant loading 
capacity still exists in those waters. 
^f) Watershed means the entire land area 
contributing surface drainage to a specific 
point. For the purposes of the water 
supply protection rules (15A NCAC 2B 
.0211) local governments may use major 
landmarks such as highways or property 
lines to delineate the outer boundary of 
the drainage area if these landmarks are 
immediately adjacent to the ridgeline. 
Wetlands are "waters" as defined by G.S. 
143-212(6) and are areas that are 
inundated or saturated by an 
accumulation of surface or ground water 
at a frequency and duration sufficient to 
support, and that under normal 
circumstances do support, a prevalence of 
vegetation typically adapted for life in 
saturated soil conditions. Wetlands 
generally include swamps, marshes, bogs 
and similar areas. Wetlands classified as 



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1360 



PROPOSED RULES 



waters of the state are restricted to waters 
of the United States as defined by 33 
CFR 328.3 and 40 CFR 230.3. 



Statutory Authority 
143-215. 3(a)(1). 



G.S. 143-214.1; 



.0220 WETLAND STANDARDS 

(a) General. The water quality standards for all 
wetlands are designed to protect, preserve, restore 
and enhance the quality and uses of wetlands and 
other waters of the state influenced by wetlands. 
The following are wetland uses: 

(1) Storm and flood water storage and 
retention and the moderation of extreme 
water level fluctuations; 

(2) Hvdrologic functions including 
groundwater discharge that contributes 
to maintain dry weather streamflow 
and, at other locations or times, 
groundwater recharge that replenishes 
the groundwater system; 

(3) Filtration or storage of sediments, 
nutrients, toxic substances, or other 
pollutants that would otherwise 
adversely impact the quality of other 
waters of the state; 

(4) Shoreline protection against erosion 
through the dissipation of wave energy 
and water velocity and stabilization of 
sediments; 

(5) Habitat for resident wetland-dependent 
aquatic organisms including, but not 
limited to fish, crustaceans, mollusks, 
insects, annelids, planktonic organisms 
and the plants and animals upon which 
these aquatic organisms feed and 
depend upon for their needs in all life 
stages; 

(6) Habitat for resident wetland-dependent 
wildlife species, including mammals, 
birds, reptiles and amphibians for 
breeding, nesting, cover, travel 
corridors and food; and 

(7) Recreational, educational and scientific 
uses. 

(b) The following standards shall be used to 
assure the maintenance or enhancement of the 
existing uses of wetlands identified in Paragraph 
(a) of this Rule: 

(1) Liquids, fill or other solids or dissolved 
gases may not be present in amounts 
which may cause adverse impacts on 
existing wetland uses; 

(2) Floating or submerged debris, oil. 



(3) 



deleterious substances, or other material 
may not be present in amounts which 
may cause adverse impacts on existing 
wetland uses; 

Materials producing color, odor, taste 
or unsightliness may not be present in 
amounts which may cause adverse 



141 



151 



161 



impacts on existing wetland uses; 
Concentrations or combinations of 
substances which are toxic or harmful 
to human, animal or plant life may not 
be present in amounts which 
individually or cumulatively may cause 
adverse impacts on existing wetland 
uses; 

Hydro logical conditions necessary to 
support the biological and physical 
characteristics naturally present in 
wetlands shall be protected to prevent 
adverse impacts on: 

(A) Water currents. erosion or 
sedimentation patterns; 

(B) Natural water temperature variations; 

(C) The chemical, nutrient and dissolved 
oxygen regime of the wetland; 

(D) The movement of aquatic fauna; 

(E) The Ph of the wetland; and 

(F) Water levels or elevations- 
Existing habitats and the populations of 
wetland flora and fauna shall be 
maintained to protect biological 
integrity as defined at 15A NCAC 2B 
.0202 bv: 

(A) Protecting food supplies for fish and 

wildlife; 
(Bl Protecting reproductive and nursery 

areas; and 
(O Protecting dispersal corridors. 



Statutory Authority G.S. 143-214.1; 143- 
215.3(a)(1). 

SUBCHAPTER 2H - PROCEDURES 
FOR PERMITS: APPROVALS 

SECTION .0500 - WATER 
QUALITY CERTD7ICATION 

.0501 PURPOSE 

(a) The provisions of this Section shall apply to 
all division regulatory, planning, resource 
management, liaison and financial aid 
determinations that affect surface waters and 
wetlands as defined by 15A NCAC 2B .0202. 
This Section shall only apply to specific activities 



1361 



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PROPOSED RULES 



which require state review after the effective date 
of this Rule and which require a Division 
determination concerning effects on surface waters 
or wetlands. Activities that are described in 
Section 404(f)(l)(A)-(F) of the Clean Water Act 
(33 U.S.C. 1344) are exempt from this Rule. 

(b) These Rules outline the application and 
review procedures for activities that require water 
quality certifications (certifications) pursuant to 
Section 401 of the Clean Water Act (33 U.S.C. 
1341). Certifications are required whenever 
construction or operation of facilities will result in 
a discharge into navigable waters as described in 
33 CFR Part 323. The federal definition of 
navigable waters includes wetlands as defined at 33 
CFR 328.3 and 40 CFR 230.3. 

(c) Certifications shall be required for all 
activities that require a Section 404 permit from 
the U.S. Army Corps of Engineers (COE). 
Certifications may be issued for individual 
activities (individual certifications) or issued for 
specific types or groups of activities (general 
certifications); 

(1) Individual certifications are issued on a 
case-by-case basis and the procedures 
outlined in the following Rules are 
required for each individual 
certification. 

General certifications are issued for 
specific types or groups of activities 
that are similar in nature and 
considered to have minimal impact. The 
a pplication and review procedures for 
requesting concurrence from the 
Division that the general certification 
can be used for the proposed activity 
are the same as the procedures outlined 
in the following rules for individual 
certifications unless specifically stated 
otherwise in the general certification. 



12} 



Statutory Authority G.S. 
215.3(c). 



143-215. 3(a)(1); 143- 



vG5©4 .0502 APPLICATION 

(a) Application for Certification. Any person, 
as defined in Article 21, Chapter 143, North 
Carolina General Statutes, desiring issuance of the 
state certification or coverage under a general 
certification required by Section 401 of the Federal 
Water Pollution Control Act as amended shall file 
with the Director of North Carolina Division of 
Environmental Management (director), at the 
office in Raleigh, North Carolina, an original and 
six copies of an application for certification^. , and 



the Director shall mail one copy of the application 
to the North Carolina Director of the Division of 
Marine Fisheries; one copy to the North Carolina 
Board of Health; one copy to the North Carolina 
Wildlife Resources Commission; one copy to the 
appropriate federal licensing or permitting agency; 



and one 



to the Environmental Protection 



copy 
Agency (EPA). The application shall specify: 

(1) the date of application; 

(2) the name, address, and principal place 
of busines s of the applicant and phone 
number of the property owner : 

(3) if the applicant is a corporation, the 
state in which it is domesticated, the 
name of its principal officers asd the 
name and address of the North Carolina 
process agency and the name of the 
individual who shall be primarily re- 
sponsible for the conduct of the activity 
for which certification is sought ; 

(4) the name of the individual who shall be 

primarily responsible for conduct of the 
activity for which certification is sought 
(plant manager or other person respon 
sible for facility operation); 
(5)the nature of the activity to be con- 
ducted by applicant; 
(6)whether the discharge is occurring 
has occurred or is proposed; 
(3)the location of the discharge, stating 
the municipality, if applicable; the 
county; the drainage basin; the name of 
the receiving waters; and the location of 
the point of discharge with regard to 
the receiving waters; 
a description of the receiving waters, 
including type (creek, river, swamp, 
canal, lake, pond or estuary) if applica- 
ble; nature (fresh, brackish or salt); and 
wetland classification; 



£41 
£5) 

16} 



£21 



{8} the — nature — of the — receiving — waters, 

including type (creek, — river swamp, 
canal, lake or pond); nature (fresh, 
brackish or salt); and direction of flow; 

(8) ^description of the type of waste 
treatment facilities if applicable. f-4€ 
any, that will receive the wastewater 
before — discharge — iete — the — receiving 
waters; 

(40) the typo of discharge, including ehemi 

cal composition; quantity, expressed as 
gallons per unit of time; frequency; 
temperature; and kinds and quantities of 
pollutants or contaminants; 
projected future variations in the nature 



<m- 



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NORTH CAROLINA REGISTER 



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1362 



PROPOSED RULES 



m- 



im- 



of the discharge; 

the type, diameter or cross section and 

length of the conduit conveying the 

di s charge; 

names — and — addresses — e# — adjoinin 



<g 
riparian owners. 

(b) Maps. There shall be attached to the 
application a map(s) or sketch(es) of sufficient 
detail to accurately delineate the boundaries of the 
lands owned or to be utilized by the applicant in 
carrying out its activity; the location, dimensions 
and type of any structures erected or to be erected 
on said lands for use in connection with the 
activity; the location or proposed location of the 
conduit conveying the discharge; and the location 
and extent of the receiving waters including 
wetlands within the boundaries in the vicinity of 
said lands. Maps and sketches shall be on s heets 
approximately 8 1/2 inches by 11 inches in size. 

(c) Power to Request Additional Information. 
The Director may request, and the applicant shall 
furnish, any additional information that may be 
found necessary for the proper consideration of the 
application. 

(d) Omissions From Applications. If the 
applicant considers that it is not feasible or is 
unnecessary to furnish any portion of the 
information required by Subdivisions Paragraphs 
(a) and (b) of this Regulation Rule , applicant shall 
submit a detailed statement explaining the reasons 
for omission of any such information; but if the 
Director does not concur in such omission, 
applicant shall submit the omitted information. 

(e) Investigations. The staff of the Department 

of Natural Resources aed Community 

Development Environment, Health, and Natural 
Resources (department) shall conduct such 
investigation as the Director deems necessary; and 
applicant shall cooperate in the investigation to the 
extent that it shall furnish necessary information, 
allow the staff safe access to the lands and 
facilities of the applicant and lend such assistance 
as shall be reasonable. 

(f) Who Must Sign Applications. The 
application will be considered a "valid application" 
only if the application bears the signature of a 
responsible officer of the company, municipal 
official, partner or owner. This signature certifies 
that the applicant has title to the property, has been 
authorized by the owner to apply for certification 
or is a public entity and has the power of eminent 
domain. Said official in signing the application 
shall also certify that all information contained 
therein or in support thereof is true and correct to 
the best of his knowledge. 



£g) The application form may be obtained from 
the Division of Environmental Management, the 
Division of Coastal Management, or the U.S. 
Army Corps of Engineers. Wilmington District. 
Regulatory Branch. 



Statutory Authority 
143-21 5. 3(c). 



G.S. 143-215. 3(a)(1); 



^503 .0503 PUBLIC NOTICE 

(a) Notice by Publication. Notice of each 
pending application for certification shall be 
published one time in a newspaper having general 
circulation in the county in which the discharge 
will occur^ or as provided in Paragraph (c) of this 
Rule . Publication shall be made at least 15 days 
prior to proposed final action by the Director upon 
the application and not more than 20 days after 
acceptance of a completed application. 

(b) Contents of Notice. The notice shall set 
forth the name and address of the applicant; the 
action requested in the application; the nature and 
location of the discharge; and the proposed date of 
final action to be taken by the Director upon the 
application. The notice shall also state that 
additional information is on file with the 
department and may be inspected at any time 
during normal working hours. Copies of such 
information on file will be made available upon 
request and upon payment of the cost thereof to 
the department. 

(c) The public notice requirement may also be 
satisfied by a joint notice with the Division of 
Coastal Management (15A NCAC 7J .0206) or the 
U.S. Army Corps of Engineers according to their 
established procedures. 

(d) ^Notice of Hearing. If the Director 
determines that a hearing should be held 
concerning the granting or denial of the 
application, the Director shall publish notice of the 
hearing one time in a newspaper having general 
circulation in the county in which the discharge 
will occur. The notice shall be published at least 
30 days prior to the date of the hearing. The 
notice shall state the time, place, and nature of the 
hearing. 

(e) (d)Environmcntal Water Quality Certification 
Mailing List. Any person, may request that he or 
she be mailed copies of all public notices required 
by this Rule. The Director shall add the name of 
any such person to an environmenta l a water 
quality certification mailing list and shall mail 
copies of notices to all persons on the list. 

(c) Notice to Other Persons. The Director may 
give written notice to such other persons. 



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PROPOSED RULES 



(f) Payment of Costs of Public Notice. The 
applicant shall pay to the department the costs of 
advertising public notice required by Paragraphs 
(a) and {e) £d) of this Regulation Rule . 
Certification shall be withheld until such costs 
have been paid. 



Statutory Authority G. S. 
143-215. 3(c). 



143-215. 3(a)(1); 



-MM .0504 HEARING 

(a) Public Hearing on Certification. If the 
Director determines that it is in the public interest 
that a public hearing for the purpose of reviewing 
public comment and additional information be held 
prior to granting or denying certification, the 
Director shall so notify the applicant by registered 
or certified mail, return receipt requested, and 
shall publish and give notice as required by 
Riragmphg .0502(c) and (d) in Rule .0503 
Paragraphs (d) and (e) of this Section. Such 
hearing will be held within 90 days following date 
of notification. The record of each hearing held 
under this Paragraph shall remain open for a 
period of 30 days. 

(b) Hearing for Applicant Upon Certification 
Denial. An applicant whose certification is denied 
or granted subject to unacceptable conditions, shall 
have the right to a contested case hearing pursuant 
to the provisions of G.S. 150B-23. 

Statutory Authority G.S. 143-215. 3(a)(1); 
143-215. 3(c). 

.0506 CRITERIA FOR REVIEW 
OF APPLICATIONS 

(a) Prior to the evaluation of requests for 
certification based on the procedures outlined in 
Paragraphs (b) through (e) of this Rule, the 
Director shall determine the significant existing 
uses present in the wetland or surface waters in 
question and if the proposed activity has the 
potential to remove or degrade those significant 
existing uses which are present. Activities which 
would not remove or degrade existing uses shall be 
reviewed according to the procedures found in 
Subparagraph (c)(2)-(5) of this Rule. Those 
activities covered by general certifications (15A 
NCAC 2H .0501(c)(2)) which do not require 
written concurrence from the Division will be 
deemed certified if the conditions of the 
certification are followed and may proceed without 
the review procedures outlined in Paragraphs (b) 
through £e) of this Rule. 

(b) The Director shall not issue a certification 



for a project that impacts classified surface waters 
unless the Director finds that the applicant has 
demonstrated that the project: 

(1) has no practical alternative under the 
criteria outlined in Paragraph (f) of this 
Rule; 

(2) will minimize adverse impacts to the 
surface waters based on consideration 
of existing topography, vegetation, fish 
and wildlife resources, and hydrological 
conditions under the criteria outlined in 
Paragraph (g) of this Rule; 

(3) does not result in the degradation of 
groundwaters or surface waters or 
result in the net loss of existing uses of 
surface waters as designated in 15A 
NCAC 2B .0211; 

(4) does not result in cumulative impacts, 
based upon past or reasonably 
anticipated future impacts, that cause or 
will cause a violation of downstream 
water quality standards; 

(5) provides for protection of downstream 
water quality standards through the use 
of on-site storm water control measures; 
and 

(6) provides for replacement of existing 
uses through mitigation as described at 
Subparagraphs (i)(l) and (2) of this 
Rule. 

(c) The Director shall use the following criteria 
to review requests for 401 Water Quality 
Certification for projects in Class WL wetlands as 
defined in I5A NCAC 2B .0101(c)(8). These 
criteria are the basic criteria for all wetlands. 
Additional and more stringent criteria applicable to 
other specific wetlands are specified in Paragraphs 
(d) and (e) of this Rule. The Director shall not 
issue a certification unless the Director finds that 
the applicant has demonstrated that the project: 

(1) has no practical alternative under the 
criteria outlined in Paragraph (f) of this 
Rule; 

(2) will minimize adverse impacts to the 
wetland based on consideration of 
existing topography, vegetation, fish 
and wildlife resources, and hydrological 
conditions under the criteria outlined in 
Paragraph (g) of this Rule; 

(3) does not result in the degradation of 
groundwaters or surface waters or 
result in the net loss of existing uses of 
wetlands under the criteria outlined in 
Paragraph (h) of this Rule; 

(4) does not result in cumulative impacts. 



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1364 



PROPOSED RULES 



based upon past or reasonably 
anticipated future impacts, that cause or 
will cause a violation of downstream 
v.ater quality standards; 

(5) provides protection for downstream 
water quality standards through the use 
of on-site storm water control measures; 
and 

(6) provides for replacement of existing 
uses through wetland mitigation as 
described in Subparagraph (i)(l) and 
(3)-(7) of this Rule. 

£d] The Director shall not issue a 401 Water 
Quality Certification for a project in a Class SWL 
wetland (15A NCAC 2B .0101 (d)(4)). wetlands 
that are contiguous to waters designated as HQW, 
SA, WS-I, WS-II or Trout, or wetlands that are 
contiguous to rivers designated as a North Carolina 
or National Wild and Scenic River which are not 
classified as ORW, unless the Director finds that 
the applicant has demonstrated that the project 
meets the criteria outlined in Subparagraphs (c)(1)- 
(5) of this Rule, and: 

(1) is water dependent and requires access 
to water as a central element of its 
basic function. Projects funded by 
government agencies may be exempted 
from this requirement if the agency can 
satisfy the review criteria found in 
Subparagraphs (c)(l)-(5) of this Rule; 

(2) provides for replacement of existing 
uses through wetland mitigation as 
described in Subparagraphs (i)(l), (3)- 
(6) and (8) of this Rule. 

(e) The Director shall not issue a 401 Water 
Quality Certification for a project in wetlands of 
exceptional state or national ecological significance 
which require special protection to maintain 
existing uses as defined by J.5A NCAC 2B .0220. 
These wetlands include Class UWL wetlands, and 
wetlands that have been documented to the 
satisfaction of the Director as habitat essential for 
the continued existence of state or federally listed 
threatened or endangered species, unless the 
Director finds that the applicant has demonstrated 
that the project meets the criteria outlined in 
Subparagraphs (c)(l)-(5) and (d)(1) of this Rule, 
and: 

(1) the wetland impacts are necessary for 
the proposed project to meet a 
demonstrated public need; 

(2) provides for replacement of existing 
uses through wetland mitigation as 
described in Subparagraphs (i)(l), (3)- 
(6) and (9) of this Rule. 



(f) The Director shall apply the following 
criteria in evaluating the practical alternatives 
analysis: 

(1) The basic project purpose cannot be 
accomplished using other reasonably 
available sites in the same general area 
as the proposed activity that would 
avoid or result in less adverse impact to 
surface waters or wetlands; 

(2) The potential for a reduction in size, 
configuration or density of the proposed 
activity and all alternative designs that 
would avoid or result in less adverse 
impact to surface waters or wetlands 
but would accomplish the basic purpose 
of the project. 

(g) The Director shall apply the following 
criteria in evaluating the minimization analysis: 

(1) The spatial and dimensional 
requirements of the project; 

(2) The location of any existing structural 
or natural features that may dictate the 
placement or configuration of the 
proposed project; 

(3) The purpose of the project and how the 
purpose relates to placement, 
configuration or density; and 

(4) The ability of the surface waters or 
wetland to continue to support the 
existing uses after project completion. 

(h) The Director shall a pply the following 
criteria in determining whether significant uses are 
present at a particular wetland site: Designated 
uses as outlined in 15A NCAC 2B .0220(a)(l)-(7) 
are assumed to exist in all classes of wetlands 
unless the applicant demonstrates that significant 
uses are not present at a particular site using a 
wetland ecological evaluation method approved by 
the Director. 

£i) The Director shall use the following 
guidelines in determining appropriate mitigation 
for unavoidable losses of existing uses which 
would otherwise result in a violation of water 
quality standards: 

(1) The Director shall coordinate mitigation 
requirements with other permitting 
agencies that are requiring mitigation 
for a specific project. 

(2) Impacts to classified surface waters 
shall be conducted in such a manner 
that the existing uses shall be replaced. 

(3) Acceptable methods of wetlands 
mitigation are listed below in the order 
of preference: 

(A) Restoration: the re-establishment of 



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PROPOSED RULES 



wetland hydrology and vegetation in 
an area where it previously existed. 

(B) Creation: the construction of a 
wetland in an area where wetlands did 
not exist in the recent past. 

(C) Enhancement: increasing one or 
more of the functions of an existing 
wetland by. manipulation of vegetation 
or hydrology. 

(D) Preservation: protection of wetlands 
through purchase, donation or con- 
veyance of a conservation easement to 
an appropriate government or non- 
profit agency for management. 

(4) Restoration is the preferred method of 
wetlands mitigation. The other meth- 
ods may be utilized if the applicant can 
demonstrate that restoration is not 
practical or that the proposed alterna- 
tive is the most ecologically viable 
method of replacing the lost functions 
and values. 

(5) All mitigation proposals shall provide 
for the replacement of wetland acres 
lost due to the proposed activity at a 
minimum of a Jjl ratio through restora- 
tion or creation prior to utilizing en- 
hancement or preservation to satisfy the 
mitigation requirements. 

(6) Wetlands mitigation shall be based on 
the following minimally acceptable 
acreage ratios unless the a pplicant can 
demonstrate that water quality standards 
can be protected through other means: 
restoration, 2:1; creation, 3:1; enhance- 
ment, 4:1; and preservation, 10:1. 

(7) Mitigation for impacts to wetlands 
designated in Paragraph (c) of this Rule 
shall be conducted within the same 
river basin and physiographic province 
when practical. Unavoidable losses of 
wetlands adjacent to waters classified as 
WS-III shall be replaced within the 
water su pply watershed when practical. 

(8) Mitigation for impacts to wetlands 
designated in Paragraph (d) of this Rule 
shall be of the same wetland type and 
located within the same river sub-basin 
when practical. Mitigation for impacts 
to wetlands adjacent to waters classified 
as WS-I or WS-II shall be replaced 
within the water supply watershed when 
practical. 

(9) Mitigation for impacts to wetlands 
designated in Paragraph (e) of this Rule 



shall be of the same wetland type and 
within the same watershed when practi- 
cal. 

Statutory Authority G.S. 143-215. 3(a)(1); 143- 
215.3(c). 

.0507 t0504 ISSUANCE OF 
CERTIFICATION 

(a) Time Limit for Final Action on Certification 
Application. All applications for certification shall 
be granted or denied within +30 60 days after 
receipt at the offices of the Director in Raleigh, 
North Carolina^ , unless: Failure to take final 
action within 60 days will result in a waiver of the 
certification requirement by. the Director, unless: 

(1) The applicant agrees, in writing, to a 
longer period; 

(2) Final decision is to be made pursuant to 
a public hearing; 

(3) Applicant fails to furnish information 
necessary to the Director's decision; 

(4) Applicant refuses the staff access to its 
records or premises for the purpose of 
gathering information necessary to the 
Director's decision; 

(5) Information necessary to the Director's 
decision is unavailable. 

(b) Time Limit for Final Action on Certification 
Application After Hearing. All applications for 
certification shall be granted or denied within +30 
60 days after public hearings Failure to take final 
action within 60 days will result in a waiver of the 
certification requirement by the Director unless the 
applicant otherwise agrees in writing, or unless 
Subdivision Subparagraph (a)(3), (4), or (5) of this 
Regulation Rule shall apply. 

(c) Conditions of Certification. Any certifica- 
tion issued pursuant to this Rule may contain such 
conditions as the Director shall deem necessary to 
insure compliance with Sections 301, 302, 303, 
306, and 307 of the Federal Water Pollution 
Control Act Amendments. 

(d) Modification or Revocation of Certification 

(1) Any certification issued pursuant to this 
Rule is subject to revocation or modifi- 
cation for violation of conditions of 
301, 302, 303, 306, and 307 of the 
Federal Water Pollution Control Act 
Amendments. 

(2) Any certification issued pursuant to this 
Rule is subject to revocation or modifi- 
cation upon a determination that infor- 
mation contained in the application or 
presented in support thereof is incorrect 



9:17 



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December 1, 1994 



1366 



PROPOSED RULES 



or if conditions under which the certifi- approve; and a copy of the notification shall be 

cation was made have changed. mailed to the appropriate federal licensing or 

(e) Notification of Unapproved Application. In permitting agency and EPA. 

the event that the Director denies the application 

for certification or for any reason is unable to Statutory Authority G.S. 143-215. 3(a)(1); 

approve the application, the Director shall so 143-215. 3(c). 

notify the applicant by certified or registered mail, 
return receipt requested, specifying in such notifi- 
cation the reasons for the denial or inability to 

****************** 

Notice is hereby given in accordance with G.S. 150B-21.2 that the EHNR - Environmental Management 
Commission intends to amend rule cited as 15 A NCAC 2B .0309. 

1 he proposed effective date of this action is August 1, 1995. 

1 he public hearing will be conducted at 7:00 p.m. on January 24, 1995 at the South Davie Junior High 
School, 700 Harrison Street, Mocksville, North Carolina. 

ixeason for Proposed Action: 

Bear Creek - Yadkin Pee Dee River Basin 

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 

ANNOUNCEMENT OF A PUBLIC HEARING TO RECLASSIFY 
THE BEAR CREEK WATERSHED IN DAVIE COUNTY 

A public hearing will be held by the N.C. Department of Environment, Health and Natural Resources on 
behalf of the Environmental Management Commission. The Department seeks public comment on the 
proposed reclassification of a portion of the Bear Creek watershed that was formerly used by the Town of 
Mocksville for drinking water supply purposes. Changes in stream classifications can affect activities in and 
adjacent to these waters. Local governments with land use authority in water supply watersheds are required 
to develop, implement and enforce ordinances that comply with North Carolina Water Supply Watershed 
Protection Rules. 

The first section of this announcement will list two possible options for the classification changes that are 
being proposed. The second section will provide a summary of the requirements associated with a water 
supply classification. The last section will provide information on the public hearing and how to submit 
comments. 

Proposed Classification Change 

Bear Creek (Yadkin River Basin) 

Affected Area: 

The Bear Creek watershed (includes Little Bear Creek and Blue Creek tributaries) is currently 
classified as WS-II from its source to a point 0.9 mile downstream of U.S. Highway 64. Bear Creek 
is classified as WS-II CA (critical area) from a point 0.9 mile downstream of U.S. Highway 64 to 
the former raw drinking water supply intake (that was located approximately 1 .4 miles downstream 
of U.S. Highway 64). The waters are classified as WS-IV downstream of the former water supply 
intake due to protection required for a water supply intake located further downstream on the South 

1367 NORTH CAROLINA REGISTER December 1, 1994 9:17 



PROPOSED RULES 



Yadkin River. 

Proposed Change: 

Proposed Option 1 is to move the critical area upstream of Interstate 40 and keep the WS-II and WS- 
II CA classifications in place for Bear Creek and its tributaries upstream of 1-40. The critical area 
would extend from 1-40 linearly one-half mile upstream. Bear Creek downstream of 1-40 to the 
former water supply intake location would be WS-IV. Bear Creek downstream of this location is 
already classified as WS-IV due to the overlap of protection for the water supply intake located on 
the South Yadkin River. 

Proposed Option 2 is to reclassify Bear Creek and its tributaries from Classes WS-II CA and WS-II 
to Classes C and WS-IV. This proposal would remove the land use requirements associated with 
water supply protection for the section of the Bear Creek watershed from its source to a point 0.5 
mile upstream of Davie County State Road 1307 and for Little Bear Creek from its source to a point 
0.2 mile upstream of Davie County State Road 1307. Downstream of these points and including all 
of Blue Creek would be classified as WS-IV due to the overlap of protection for the water supply 
intake on the South Yadkin River. 

Local Governments with Land Use Authority: 

Davie County and the Town of Mocksville. 

Summary of Requirements 

The following chart summarizes the requirements related to the WS-II water supply classification. These are 
the major provisions of the water supply regulation (15A NCAC 2B .0104, .0202 and .0211); to review all 
of them, write or call the contact person listed below for more information. The following requirements are 
currently applicable to Bear Creek and its tributaries from its source to the former water supply intake, 
which was located approximately 1.4 miles downstream of U.S. Highway 64. 

Requirements for a WS-II Classification 



Development Criteria 



Wastewater 


W/O Stormwater, 


W/Stormwater 


5%/70% 


Agriculture 


Dischargers 


Low Density Opt. 


High Density Opt. 


Provision 


BMPs 


Critical Area General 


ldu*/2acres or up to 


6-12% built upon 


Not 


Required (1) 


Permits 


6 % built upon 
area 


area 


Allowed 




Balance of General 


ldu*/acre or up to 


12-24% built upon 


Allowed 


Not 


Watershed Permits 


12% built upon 
area 


area 




Required (1) 



The following requirements are presently applicable to Bear Creek downstream of 
the former water supply intake for the Town of Mocksville and would be applicable 
to other areas of the Bear Creek watershed as noted in the above proposals (1 and 
2) . 

Requirements for a WS-IV Classification 



Wastewater 
Dischargers 
Critical Area Domestic & 
Industrial (2) 



Development Criteria 
W/O Stormwater, W/Stormwater 

Low Density Opt. High Density Opt. 

2du*/acre or up to 24-50 % built upon 

24% built upon area (3) 

area (3) 



5%/70% 


Agriculture 


Provision 


BMPs 


Not 


Required (1) 


Allowed 





9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1368 



PROPOSED RULES 



Balance of Domestic & 


2du*/acre or up to 


24-70% built upon 


Not 


Watershed Industrial 


24% built upon 
area (3,4) 


area (3,4) 


Allowed 



Not 
Required (1) 



The following Notes are applicable to both of the above classifications. 
Notes: 

• * du means dwelling unit. 

• Critical area is one-half mile and draining to water supply intake. 

• Requirements applicable to new development. Existing single family lots are exempt. 

• Buffers required along all perennial waters; 30 foot buffer for low density and 100 foot buffer for high 
density development. 

• Wet detention basins are required with the high density option. Local governments will assume ultimate 
responsibility for the operation and maintenance of these stormwater control devices. 

• (1) All agricultural activities are subject to provisions of the Food Security Act of 1985 and the Food, 
Agriculture, Conservation and Trade Act of 1990. A ten foot vegetated buffer or equivalent control as 
determined by the Soil and Water Conservation Commission is required in the critical area. Animal 
operations which are deemed permitted under 15A NCAC 2H .0217 are allowed in all water supply 
watersheds. 

• (2) New industrial process wastewater discharges are allowed but will require additional treatment 
requirements. 

• (3) Applies only to projects requiring a Sediment/Erosion Control Plan. 

• (4) 1/3 acre lot or 36% built upon area is allowed for projects without a curb and gutter street system. 

The purpose of the development density controls, the wastewater discharge requirements and the agricultural 
management practices are to prevent the degradation of the water quality for use as a drinking water supply 
from pollutant impacts. 

Public Hearing Information 

PURPOSE: 

The purpose of this hearing and the written comment period is to receive comments on the proposed 
reclassification from interested people. The written comment period will be open until February 28, 
1995. The EMC is interested in comments in favor of, opposed to, or alternatives to the proposed 
changes. 

The EMC may make some changes in final rules without renotice and rehearing, as long as the 
adopted rules do not differ substantially from the proposed rules. The EMC may adopt final 
management requirements, rules and classifications that are more or less stringent than those 
being noticed. (See NCGS 150B 21.2(f) for this authority.) The EMC must determine that the 
final adopted rules are not substantially different from the proposed rules. All interested and 
potentially affected persons are strongly encouraged to read the entire announcement and 
supporting information and make comments on the proposal presented. The proposed effective 
date for final rules for the proposed changes is August 1, 1995. 

Ksomment Procedures: You may submit comments, statements, data and other information in writing prior 
to, during or after the hearing but no later than February 28, 1995. You may also present verbal comments 
at the hearing. The Hearing Officer may limit the length of time that you may speak so that all those who 
wish to speak may have an opportunity to do so. We encourage you to submit written comments. 



CHAPTER 2 - ENVIRONMENTAL 
MANAGEMENT 



SECTION .0300 - ASSIGNMENT OF 
STREAM CLASSIFICATIONS 



SUBCHAPTER 2B - SURFACE 
WATER STANDARDS: MONITORING 



.0309 YADKIN-PEE DEE RIVER 
BASIN 



1369 



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9:17 



PROPOSED RULES 



(a) Places where the schedule may be inspected: 

(1) Clerk of Court: 
Alexander County 
Anson County 
Cabarrus County 
Caldwell County 
Davidson County 
Davie County 
Forsyth County 
Guilford County 
Iredell County 
Mecklenburg County 
Montgomery County 
Randolph County 
Richmond County 
Rowan County 
Stanly County 
Stokes County 
Surry County 
Union County 
Watauga County 
Wilkes County 
Yadkin County 

(2) North Carolina Department of Environ- 
ment, Health, and Natural Resources: 

(A) Mooresville Regional Office 
919 North Main Street 
Mooresville, North Carolina 

(B) Winston-Salem Regional Office 
8025 North Point Boulevard, Suite 
100 

Winston-Salem, North Carolina 

(C) Fayetteville Regional Office 
Wachovia Building 

Suite 714 

Fayetteville, North Carolina 

(D) Asheville Regional Office 
Interchange Building 

59 Woodfin Place 
Asheville, North Carolina 

(b) Unnamed Streams. Such streams entering 
Virginia are classified "C," and such streams 
entering South Carolina are classified "C". 

(c) The Yadkin-Pee Dee River Basin Schedule 
of Classifications and Water Quality Standards was 
amended effective: 

(1) February 12, 1979; 

(2) March 1, 1983; 

(3) August 1, 1985; 

(4) February 1, 1986; 

(5) October 1, 1988; 

(6) March 1, 1989; 

(7) January 1, 1990; 

(8) August 1, 1990; 

(9) January 1, 1992; 



(10) April 1, 1992; 

(11) August 3, 1992; 

(12) December 1, 1992; 

(13) April 1, 1993; 

(14) September 1, 1994. 

(d) The Schedule of Classifications and Water 
Quality Standard for the Yadkin-Pee Dee River 
Basin has been amended effective October 1, 1988 
as follows: 

(1) Mitchell River [Index No. 12-62-(l)] 
from source to mouth of Christian 
Creek (North Fork Mitchell River) 
including all tributaries has been reclas- 
sified from Class B Tr to Class B Tr 
ORW. 

(2) Mitchell River [Index No. 12-62-(7)] 
from mouth of Christian Creek (North 
Fork Mitchell River) to Surry County 
SR 1315 including all tributaries has 
been classified from Class C Tr to C 
Tr ORW, except Christian Creek and 
Robertson Creek which will be reclassi- 
fied from Class B Tr to Class B Tr 
ORW. 

(3) Mitchell River [Index No. 12-62-(12)] 
from Surry County SR 1315 to mouth 
of South Fork Mitchell River including 
all tributaries from Class C to Class C 
ORW. 

(e) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin was amended effective March 1, 1989 as 
follows: 

(1) Elk Creek [Index Nos. 12-24-(l) and 
12-24-(10)] and all tributary waters 
were reclassified from Class B-trout, 
Class C-trout and Class B to Class 
B-trout ORW, Class C-trout ORW and 
Class B ORW. 

(f) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin was amended effective January 1, 1990 as 
follows: Barnes Creek (Index No. 13-2-18) was 
reclassified from Class C to Class C ORW. 

(g) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin has been amended effective January 1, 1992 
as follows: 

(1) Little River [Index Nos. 13-25-(10) and 
13-25-(l 9)] from Suggs Creek to 
Densons Creek has been reclassified 
from Classes WS-IH and C to Classes 
WS-III HQW and C HQW. 

(2) Densons Creek [Index No. 
13-25-20-(l)] from its source to Troy's 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1370 



PROPOSED RULES 



Water Supply Intake including all tribu- 
taries has been reclassified from Class 
WS-III to Class WS-III HQW. 
(3) Bridgers Creek (Index No. 13-25-24) 
from its source to the Little River has 
been reclassified from Class C to Class 
C HQW. 
(h) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin was amended effective April 1, 1992 with 
the reclassification of the North Prong South Fork 
Mitchell River from Class C to Class C Trout. 

(i) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
was amended effective August 3, 1992 with the 
reclassification of all water supply waters (waters 
with a primary classification of WS-I, WS-II or 
WS-III). These waters were reclassified to WS-I, 
WS-II, WS-III, WS-IV or WS-V as defined in the 
revised water supply protection rules, (15A NCAC 
2B .0100, .0200 and .0300) which became effec- 
tive on August 3, 1992. In some cases, streams 
with primary classifications other than WS were 
reclassified to a WS classification due to their 
proximity and linkage to water supply waters. In 
other cases, waters were reclassified from a WS 
classification to an alternate appropriate primary 
classification after being identified as downstream 
of a water supply intake or identified as not being 
used for water supply purposes. 

(j) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin has been amended effective December 1, 
1992 as follows: 

(1) Pike Creek (Index No. 12-46-1-2) was 
reclassified from Class C Tr to Class C 
Tr HQW; 

(2) Basin Creek (Index No. 12-46-2-2) was 
reclassified from Class C Tr to Class C 
Tr ORW; 

(3) Bullhead Creek (Index No. 12-46-4-2) 
was reclassified from Class C Tr to 
Class C Tr ORW; 

(4) Rich Mountain Creek (Index No. 
12-46-4-2-2) was reclassified from 
Class Tr to Class C Tr ORW; and 

(5) Widows Creek (Index No. 12-46-4-4) 
was reclassified from Class C Tr HQW 
to Class C Tr ORW. 

(k) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin has been amended effective September 1, 
1994 as follows: 

(1) Lanes Creek [Index Nos. 13-17-40-(l) 
and 13-17-40-(10.5)] from its source to 



the Marshville water supply dam in- 
cluding tributaries was reclassified from 
Classes WS-II and WS-II CA to Class 
WS-V. 

(2) The South Yadkin River [Index Nos. 
12-108-(9.7) and 12-108-(15.5)] from 
Iredell County SR 1892 to a point 0.7 
mile upstream of the mouth of Hunting 
Creek including associated tributaries 
was reclassified from Classes WS-V, C 
and WS-IV to Classes WS-V, WS-IV, 
C and WS-IV CA. 

(3) The Yadkin River [Index Nos. 12-(53) 
and 12-(71)] from a point 0.3 mile 
upstream of the mouth of Elkin Creek 
(River) to the Town of King water 
supply intake including associated 
tributaries was reclassified from Classes 
C and WS-IV to Classes WS-IV and 
WS-IV CA. 

(4) The Yadkin River [Index Nos. 12- 
(80.5), 12-(81.5) and 12-(84.5)] from 
the Town of King water supply intake 
to the Davie County water supply in- 
take reclassified from Classes C, B, 
WS-IV and WS-V to Classes WS-IV, 
WS-IV&B and WS-IV CA. 

(1) The Schedule of Classifications and Water 
Quality Standards for the Yadkin-Pee Dee River 
Basin has been amended effective August 1^ 1995 
as follows : 

OPTION NUMBER 1 
ITj Bear Creek Undex Nos. 12-108-18-(3). 
12-108-18-(3.3)1, Little Bear Creek 
(Index No. 12-108-18-2), and Blue 
Branch (Index No. 12-108-18-2-1) were 
reclassified from WS-II and WS-II CA 
(Critical Area) to WS-IL WS-II CA and 
WS-IV 

OPTION NUMBER 2 
£1} Bear Creek Undex Nos. 12-108-18-(3), 
12-108-18-(3.3)1. Little Bear Creek 
(Index No. 12-108-18-2), and Blue 
Branch (Index No. 12-108-18-2-1) were 
reclassified from WS-II and WS-II CA 
(Critical Area) to C and WS-IV 

Statutory Authority G.S. 143-214.1; 143-215.1; 
143-215. 3(a)(1). 

Notice is hereby given in accordance with G.S. 
150B-21.2 that the DEHNR - Soil and Wbter 



1371 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



PROPOSED RULES 



Conservation intends to amend rule cited as 15A 
NCAC 6C .0417. 

lhe proposed effective date of this action is 
March 1, 1995. 

Instructions on How to Demand a Public Hearing 
(must be requested in writing within 15 days of 
notice): 

Any person(s) requesting a public hearing on the 
proposed rule must submit such a request in 
writing within 15 days after publication of the 
notice. The request must be submitted to: Glenn 
Sappie, Economist, P.O. Box 27687, Raleigh, NC 
27611-7687. Mailed written request must be 
postmarked no later than December 16, 1994. 

Jxeason for Proposed Action: Deletes unneces- 
sary reference to state bonds, since not all time- 
limited funds available for Small Watershed Grant 
are provided through state bonds. 

Ksomment Procedures: Interested persons may 
contact Glenn Sappie at (919) 733-2302 for infor- 
mation regarding this rule. Written comments will 
be received for 30 days after publication of the 
notice. The comments must be submitted to: 
Glenn Sappie, DSWC, P.O. Box 27687, Raleigh, 
NC 27611. Mailed written comments must be 
postmarked no later than December 31, 1994. 

CHAPTER 6 - SOIL AND WATER 
CONSERVATION COMMISSION 

SUBCHAPTER 6C - SMALL 
WATERSHED PROGRAM 

SECTION .0400 - SMALL 
WATERSHED GRANTS 

.0417 PREREQUISITE FOR 

DISBURSEMENT OF GRANT FUNDS 

(a) Land Rights. The grant recipient shall 
acquire all land rights involved in water retarding 
structure sites (including flood prevention, water 
supply or recreation) and recreation sites prior to 
disbursement of grant funds; however, the com- 
mission has the discretion to approve disbursement 
in the following situations: 

(1) The acquiring agency has not obtained 
all land rights, but has options to pur- 
chase those remaining, or has initiated 



eminent domain proceedings and will 
have funds on hand to complete the 
land rights acquisitions after disburse- 
ment. 

(2) The acquiring agency has reached a 
written agreement with a utility compa- 
ny or the Department of Transportation 
concerning the subsequent relocation of 
a public utility or a state road. 

(3) When grant funds are provided through 
time-limited reversionary s tate bonds , 
and upon evidence satisfactory to the 
Commission that the grant recipient will 
cover at least 50 percent of land rights 
acquisition costs. The Commission 
may make partial funds available as the 
grant recipient evidences financial 
ability to cover land rights acquisition 
costs at specific phases of development 
including but not limited to surveying, 
appraisal and purchase of individual 
parcels. 

(b) Construction and Engineering: 

(1) The commission has the discretion to 
approve either lump sum or progressive 
grant disbursement payments for con- 
struction and engineering purposes. 
The commission shall evaluate the 
applicant's financial needs and other 
pertinent data to determine the manner 
of payment. However, the commission 
shall withhold at least 10 percent of the 
disbursement to insure satisfactory 
completion of construction/engineering 
works. 

(2) Prior to any disbursement for construc- 
tion, the grant recipient shall certify on 
Form 004LR that it has acquired all 
necessary land rights in compliance 
with all applicable laws, rules, and 
regulations. The commission may 
accept an executed SCS-AS-78 Form in 
lieu of the commission's own form. 

(3) The commission may withhold any 
payments of state grant funds pending 
the completion of any required audits or 
inspections. 



Statutory Authority G. S. 
143B-294. 



139-4(d); 139-56; 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1372 



RRC OBJECTIONS 



1 he Rules Review Commission (RRC) objected to the following rules in accordance with G.S. 
150B-21.9(a). State agencies are required to respond to RRC as provided in G.S. 150B-21. 12(a). 



RRC Objection 09/15/94 
Obj. Removed 10/20/94 



COMMERCE 

Alcoholic Beverage Control Commission 

4 NCAC 2T .0103 - Beer Franchise Law; "Brand " Defined 
Agency Revised Rule 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Environmental Management 

15 A NCAC 2H . 0907 - Program Approval Procedures: Revision and Withdrawal RRC Objection 10/20/94 
Agency Revised Rule Obj. Removed 10/20/94 

15A NCAC 2H .0908 - Reporting/Record Keeping Reqfor POTWS /Industrial Users RRC Objection 10/20/94 
Agency Revised Rule 

15 A NCAC 2H .0916- Permits 
Agency Revised Rule 



Mining: Mineral Resources 

15A NCAC 5B .0013 - Response Deadline to Departments Request(s) 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

Wildlife Resources and Water Safety 

15 A NCAC 101 .0001 - Definitions and Procedures 
Rule Returned to Agency 
Agency Filed Rule for Codification Over RRC Objection 

HUMAN RESOURCES 

Departmental Rules 

10 NCAC lO .0002 - Complaints 
Agency Revised Rule 

Medical Assistance 

10 NCAC SOB .0403 - Reserve 

Agency Revised Rule 

INSURANCE 

Medical Database Commission 

11 NCAC 15 .0002 - Definitions 

Agency Revised Rule 



Obj. Removed 10/20/94 
RRC Objection 10/20/94 
Obj. Removed 10/20/94 



RRC Objection 09/15/94 

Obj. Cont'd 10/20/94 

Eff. 11/01/94 



RRC Objection 08/18/94 

Obj. Cont'd 09/15/94 

Eff. 10/01/94 



RRC Objection 10/20/94 
Obj. Removed 10/20/94 



RRC Objection 10/20/94 
Obj. Removed 10/20/94 



RRC Objection 10/20/94 
Obj. Removed 10/20/94 



1373 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



RRC OBJECTIONS 



11 NCAC 15 .0004 - Uniform Billing Form 

Agency Revised Rule 
11 NCAC 15 .0005 - Description of Data to be Submitted 

Agency Revised Rule 
11 NCAC 15 .0006 - Data Submission 

Agency Revised Rule 
11 NCAC 15 .0007 - Provider Verification 

Agency Revised Rule 
11 NCAC 15 .0008 - Compliance; Penalties for Noncompliance 

Agency Revised Rule 
11 NCAC 15 .0009 - Data Accessibility 

Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 
Board of Mortuary Science 

21 NCAC 34B .0108 - Trainee Pocket Certificate 

Agency Repealed Rule 
21 NCAC 34B .0125 - Mortuary Science Student Permit Card 

Agency Repealed Rule 
21 NCAC 34B .0509 - Courtesy Card Form 

Agency Repealed Rule 
21 NCAC 34B .0609 - Funeral Establishment Permit Form 

Agency Repealed Rule 



RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 


RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 


RRC Objection 


10/20/94 


Obj. Cont'd 


10/20/94 


RRC Objection 


10/20/94 


Obj. Cont'd 


10/20/94 


RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 


RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 



RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 


RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 


RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 


RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 



Board of Examiners of Plumbing, Heating and Fire Sprinkler Contractors 



21 NCAC 50 . 1102 - License Fees 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



10/20/94 
10/20/94 



Board of Sanitarian Examiners 



21 NCAC 62 .0201 - Petitions 
Agency Revised Rule 

21 NCAC 62 .0203 - Hearings 
Agency Revised Rule 



RRC Objection 10/20/94 

Obj. Removed 10/20/94 

RRC Objection 10/20/94 

Obj. Removed 10/20/94 



REVENUE 



Individual Income Tax Division 



17 NCAC 6B .0118 - Electronic Fding of Individual Income Tax Returns 
Agency Revised Rule 



RRC Objection 
Obj. Removed 



10/20/94 
10/20/94 



SECRETARY OF STATE 

Land Records Management Division 



18 NCAC 8 .0101 - Purpose 

Agency Revised Rule 
18 NCAC 8 . 0105 - Definitions of Terms 

Agency Revised Rule 
18 NCAC 8 .0402 - Qualifications 

Agency Revised Rule 



RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 
RRC Objection 
Obj. Removed 



10/20/94 
10/20/94 
10/20/94 
10/20/94 
10/20/94 
10/20/94 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1374 



RRC OBJECTIONS 



18 NCAC 8 .0903 - Withdrawal of Grant Offer 

Agency Revised Rule 
18 NCAC 8 . 1002 - Inspection of Project 

Agency Revised Rule 
18 NCAC 8 . 1003 - Audit of Projects 

Agency Revised Rule 
18 NCAC 8 . 1209 - Courses of Instruction for Re certification 

Agency Revised Rule 



RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 


RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 


RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 


RRC Objection 


10/20/94 


Obj. Removed 


10/20/94 



1375 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions 
along with an index to all recent contested cases decisions which are filed under North Carolina's 
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available 
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698. 



AGENCY 



CASE 
NUMBER 



ALJ 



BATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



ADMINISTRATION 

North Carolina Council for Women 

Family Violence Prevention Services v. N.C. Council for Women 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Jerry Lee McGowan v. Alcoholic Beverage Control Comm. 

Alcoholic Beverage Control Comm. v. Entertainment Group, Inc. 

Alcoholic Beverage Control Comm. v. Daehae Chang 

Rayvon Stewart v. Alcoholic Beverage Control Commission 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Alcoholic Beverage Control Comm. v. Peggy Sutton Walters 

Russell Bernard Speller d/b/a Cat's Disco v. Alcoholic Bev Ctl Comm. 

Alcoholic Beverage Control Comm. v. Branchland, Inc. 

Edward Ogunjobi, Club Piccadilli v. Alcoholic Beverage Control Comm. 

Robert Kovalaske, Nick Pikoulas, Joseph Marshburn, Evangelos Pikoulas, 

d/b/a Our Mom's BBQ v. Alcoholic Beverage Control Commission 
Christine George Williams v. Alcoholic Beverage Control Comm. 
Lynn Ann Garfagna v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Comm. v. Raleigh Limits, Inc. 
Alcoholic Beverage Control Comm. v. COLAP Enterprises, Inc. 
Alcoholic Beverage Control Comm. v. Mitch's Tavern, Inc. 
Alcoholic Beverage Control Comm. v. Ms. Lucy Jarrell Powell 
Alcoholic Beverage Control Comm. v. Richard Wayne Barrow 
Alcoholic Beverage Control Comm. v. Subhashbai C. Patel 
Alcoholic Beverage Control Comm. v. Daphne Ann Harrell 
Mr. & Mrs. Josh Bullock Jr. v. Alcoholic Beverage Control Comm. 
Jerome Crawford v. Alcoholic Beverage Control Commission 
Lawrence Mungin v. Alcoholic Beverage Control Commission 
Willie Poole Jr. v. Alcoholic Beverage Control Commission 
Alonza Mitchell v. Alcoholic Beverage Control Commission 
Roy Dale Cagle v. Alcoholic Beverage Control Commission 
Christopher C. Gause, James A Jinwright v. Alcoholic Bev. Ctl. Comm. 
Rajaddin Abdelaziz v. Alcoholic Beverage Control Commission 

COMMERCE 

Savings Institutions Division 

James E. Byers, et al v. Savings Institutions 

CORRECTION 

Division of Prisons 

Gene Strader v. Department of Correction 

CRIME CONTROL AND PUBLIC SAFETY 

Joseph Guernsey & Parents, Robert Guernsey & Dolores Guernsey 
v. Pitt County Hospital Eastern Radiologists 



94 DOA 0242 



West 



04/13/94 



93 ABC 0363 


Morrison 


08/23/94 


93 ABC 0719 


Gray 


03/02/94 


93 ABC 0775 


Morrison 


09/21/94 


93 ABC 0793 


Nesnow 


04/11/94 


93 ABC 0892 


Morgan 


06/03/94 


93 ABC 0906 


Mann 


03/18/94 


93 ABC 0937 


Morrison 


03/07/94 


93 ABC 0993 


Morgan 


06/03/94 


93 ABC 1024 


West 


03/03/94 


93 ABC 1029 


Gray 


03/04/94 


93 ABC 1057 


Becton 


04/21/94 


93 ABC 1481 


Gray 


07/19/94 


93 ABC 1485 


Mann 


03/11/94 


94 ABC 0060 


Nesnow 


06/07/94 


94 ABC 0064 


Gray 


07/26/94 


94 ABC 0070 


Morgan 


06/06/94 


94 ABC 0079 


Gray 


10/14/94 


94 ABC 0083 


West 


11/01/94 


94 ABC 0115 


Nesnow 


07/18/94 


94 ABC 0124 


Morgan 


06/06/94 


94 ABC 0125 


Morgan 


06/06/94 


94 ABC 0149 


Chess 


08/08/94 


94 ABC 0232 


Chess 


09/02/94 


94 ABC 0257 


Morrison 


07/28/94 


94 ABC 0260 


West 


07/13/94 


94 ABC 0532 


Gray 


09/27/94 


94 ABC 0600 


Chess 


09/22/94 



93 COM 1622 Chess 03/01/94 



94 DOC 0252 Morrison 03/21/94 



94CPS0413 Gray 07/11/94 



9:11 NCR 870 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1376 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AU 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Crime Victims Compensation Commission 

Mae H. McMillan v. Crime Victims Compensation Commission 

James Hugh Baynes v. Crime Victims Compensation Commission 

Ross T. Bond v. Victims Compensation Commission 

James A. Canady v. Crime Victims Compensation Commission 

Virginia Roof v. Department of Crime Control & Public Safety 

Karen C. Tilghman v. Crime Victims Compensation Commission 

Rosemary Taylor v. Crime Victims Compensation Commission 

Violet E. Kline v. Crime Victims Compensation Commission 

James Benton v. Crime Victims Compensation Commission 

Percy Clark v. Crime Victims Compensation Commission 

J. Richard Spencer v. Crime Victims Compensation Commission 

Albert H. Walker v. Crime Victims Compensation Commission 

Barbara Henderson v. Crime Victims Compensation Commission 

Shirley Handsome v. Crime Victims Compensation Commission 

Georgeann Young v. Crime Victims Compensation Commission 

Lawrence L. Tyson v. Crime Victims Compensation Commission 

Ada Battle v. Crime Victims Compensation Commission 

Lyman L. Chapman v. Crime Victims Compensation Commission 

Douglas and Virginia Wilson v. Crime Victims Compensation Comm. 

Blanche! Taylor v. William Hooks Jr., Crime Victims Comp. Comm. 

Michelle L. Wilcox v. Crime Victims Compensation Commission 

Charlie E. McDonald v. Crime Victims Compensation Commission 

Michael G. Low v. Crime Victims Compensation Commission 

Torbit Smith v. Victims Compensation Commission 

Maureen P. Wilson v. Crime Victims Compensation Commission 

Kay Thompson Chambeis v. Crime Victims Compensation Commission 

James R. Gray v. Crime Victims Compensation Commission 

Hazel Jarvis v. Victims Compensation Commission 

Pattie Hale v. Victims Compensation Fund 

Dana Harris v. Crime Victims Compensation Commission 

Dorian Walter St. Patrick Scott v. Victims Compensation Comm. 

Mary E. Haskins v. Crime Victims Compensation Commission 



92 CPS 1328 


Morgan 


08/11/94 


93 CPS 0801 


West 


03/28/94 


93 CPS 1104 


West 


04/21/94 


93 CPS 1108 


Gray 


03/28/94 


93 CPS 1347 


Nesnow 


03/24/94 


93 CPS 1608 


ReiUy 


05/17/94 


93 CPS 1626 


Nesnow 


05/25/94 


93 CPS 1670 


Morgan 


06/13/94 


94 CPS 0034 


Chess 


06/14/94 


94 CPS 0127 


Reilly 


04/19/94 


94 CPS 0157 


Chess 


06/14/94 


94 CPS 0229 


Reilly 


08/11/94 


94 CPS 0259 


Morrison 


04/07/94 


94 CPS 0286 


Gray 


04/28/94 


94 CPS 0292 


Reilly 


04/18/94 


94 CPS 0368 


Gray 


04/26/94 


94 CPS 0414 


Reilly 


08/23/94 


94 CPS 0415 


Chess 


06/02/94 


94 CPS 0417 


Reilly 


06/07/94 


94 CPS 0464 


Mann 


10/28/94 


94 CPS 0467 


Reilly 


06/07/94 


94 CPS 0468 


Gray 


09/02/94 


94 CPS 0524 


Morrison 


06/13/94 


94 CPS 0535 


Becton 


10/26/94 


94 CPS 0567 


Gray 


09/23/94 


94 CPS 0581 


Morrison 


09/28/94 


94 CPS 0603 


Reilly 


08/19/94 


94 CPS 0664 


Chess 


07/29/94 


94 CPS 0734 


West 


09/06/94 


94 CPS 0832 


Nesnow 


09/26/94 


94 CPS 0883 


Nesnow 


10/04/94 


94 CPS 1406 


Gray 


03/17/94 



9:2 NCR 114 



9:6 NCR 407 



9:13 NCR 1056 



EMPLOYMENT SECURITY COMMISSION 



David Lee Bush v. Employment Security Commission 
ENVIRONMENT, HEALTH. AND NATURAL RESOURCES 



91 ESC 0395 



Reilly 



08/18/94 



Bobby Stallings v. Environment, Health, and Natural Resources 

James M. Lyles V. Brunswick County Office of Permits 

William P. Shaver, R. McKinnon Morrison m, Jill Ray, Dr. Wesley 

C. Ray, Douglas W Furr, Catherine H. Fun- & Caldwell Creek Farm, Inc. 

v. EHNR-State of North Carolina 
Ron D. Graham, Suzanne C. Graham v. Robert Cobb, Mecklenburg Cty 
Camel D. Pearson Jr. v. Craven Co. Division of Health & DEHNR 
Patricia D. Solomon v. Macon County Health Department 
Elbert L. Winslow v. EHNR/Guilford Cty Health Dept. & Guilford Cty 

Planning & Zoning Board 
Kathryn A. Whitley v. Macon County Health Department 
Brook Hollow Estates v. Environment, Health, & Natural Resources 
Bobby Combs v. Public Water Supply Section 

Oceanfront Court, David C. Gagnon v. Environment, Health, & Nat. Res. 
Sam's Club #8219 v. Mecklenburg County Health Department 
Everhart & Associates., Inc. and Hettie Tolson Johnson v. Environment, 

Health, and Natural Resources and Zelig Robinson 
Richard A. Jenkins v. NC Water Pollution Ctl . Sys. Op. Cert. Comm. 
Eugene Crawford & Nancy P. Crawford v. Macon County Health Dept. 
Joseph B. Leggett v. Environment, Health, & Natural Resources 
Tri-Cireuifi, Inc. v. Environment, Health, & Natural Resources 
Irene, Will, Eric Litaker v. Montgomery County Health Department 



90 EHR 0612 


Morgan 


08/11/94 




92 EHR 0333 


Chess 


09/22/94 




93 EHR 0452 


Morgan 


08/11/94 




93 EHR 1017 


Becton 


05/31/94 




93 EHR 1759 


Mann 


09/06/94 




93 EHR 1777 


West 


05/23/94 




94 EHR 0086 


Chess 


07/13/94 




94 EHR 0088 


West 


07/13/94 




94 EHR 0093 


West 


06/03/94 




94 EHR 0202 


West 


10/19/94 




94 EHR 0210 


Chess 


06/21/94 




94 EHR 0329 


Nesnow 


06/15/94 


9:7 NCR 496 


94 EHR 0392 


Reilly 


10/18/94 


9:15 NCR 1231 


94 EHR 0424 


West 


10/11/94 




94 EHR 0500 


Gray 


06/10/94 




94 EHR 0560 


West 


09/21/94 




94 EHR 0601 


Morrison 


06/30/94 




94 EHR 0776 


Gray 


09/06/94 





1377 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



89 EHR 1 378*2 


Gray 


04/07/94 


90 EHR 0017* 


Gray 


04/07/94 


90 EHR 0455 


Morgan 


08/11/94 


93 EHR 1792 


Nesnow 


03/21/94 


94 EHR 0315 


Gray 


06/01/94 



Coastal Management 

Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
Roger Fuller v. EHNR, Div. of Coastal Mgmt & Environmental Mgmt 
John R. Hooper v. EHNR, Div./Coastal Mgmt & Bird's Nest Partnership 
Gary E. Montalbine v. Division of Coastal Management 
Paley-Midgett Partnership v. Coastal Resources Commission 

Craven County Health Department 

Cox Transport Equipment, Harvey A Cox v. County of Craven, EHNR 94 EHR 0487 West 1 1/01/94 

Environmental Health 

Jane C. OMalley, Melvin L. Cartwright v. EHNR & District Hlth Dept 

Pasquotank-Perquimans-Camden-Chowan 
Henry Lee Bulluck v. Nash County Health Department & EHNR 
Environment, Health, & Natural Res. v. Clark Harris & Jessie Lee Harris 
Richard F. Ebersold v. Jackson County Health Department & EHNR 
Sidney S. Tate Jr. v. Dept. of Environment, Health, & Natural Resources 
George A Waugh, Shirley A. Waugh v. Carteret Cty Health & Env. Hlth 
Scotland Water Co., Laurin Lakes v. Environment, Health, & Nat. Res. 
H.A. Lentz v. Department of Environment, Health, & Natural Resources 
Floyd Benn Williams v. Dept. of Environment, Health, & Nat. Res. 

Environmental Management 

David Springer v. Dept. of Environment, Health, & Natural Resources 
Petroleum Installation Equipment Co. , Inc. v. Env., Health & Nat. Res. 
Howell's Child Care Center, Inc. v. EHNR, Div of Environmental Mgmt. 
Spring Valley Meats, Inc. v. Environment, Health, & Natural Resources 
Jack Griffin v. Dept. of Environment, Health, and Natural Resources 
Wooten Oil Company v. EHNR, Div of Environmental Management 
John G. Owens & J.B.S. Mechanical Svcs, Inc. v. EHNR, Env. Mgmt. 

Land Resources 



91 EHR 0838 


Becton 


04/06/94 


93 EHR 0348 


Morgan 


07/22/94 


93 EHR 0924 


Becton 


03/03/94 


93 EHR 1391 


Chess 


06/24/94 


94 EHR 0005 


Reilly 


05/24/94 


94 EHR 0128 


Chess 


07/13/94 


94 EHR 0200 


Nesnow 


04/27/94 


94 EHR 0235 


Nesnow 


07/19/94 


94 EHR 0333 


Reilly 


05/18/94 



92 EHR 1797 


Morgan 


05/19/94 


93 EHR 0531 


Chess 


03/21/94 


93 EHR 0955 


West 


11/02/94 


93 EHR 0974 


West 


11/03/94 


93 EHR 1030 


Becton 


03/21/94 


94 EHR 0001 


West 


09/30/94 


94 EHR 0024 


Mann 


09/07/94 



PUBLISHED DECISION 
REGISTER CITATION 



Wallace B. Clayton, Dr. Marshall Redding v. Div. of Land Resources 
Town of Kerneraville (LQS 93-053) v. Environment, Health, & Nat. Res. 
Royce Perry, Paul Perry v. Dept. of Environment, Health, & Natural Res. 

Marine Fisheries 

Robert I. Swinson, Virginia S. Swinson v. EHNR, Div/Marine Fisheries 

Larry J. Batson v. Division of Marine Fisheries 

David W Oglesby v. Division of Marine Fisheries 

David E. Oglesby v. Division of Marine Fisheries 

James Goodman v. EHNR, Division of Marine Fisheries 

Billy Ervin Burton v. Division of Marine Fisheries 

Maternal and Child Health 



93 EHR 1407 


Morgan 


08/09/94 


93 EHR 1781 


Chess 


06/29/94 


94 EHR 0525 


Gray 


07/01/94 



9:8 NCR 



58 1 



93 EHR 0394 


Gray 


04/11/94 






93 EHR 0857 


Morgan 


07/22/94 






93 EHR 0930* 


West 


07/25/94 


9:10 NCR 


75S 


93 EHR 0931* 


West 


07/25/94 


9:10 NCR 


758 


94 EHR 0035 


Nesnow 


07/18/94 


9:9 NCR 


ooO 


94 EHR 0504 


Nesnow 


09/01/94 







WIC Section 

Anthony Awueah v. EHNR, Div. Maternal & Child Health, WIC Section 94 EHR 0718 Chess 09/23/94 



* Consolidated Cases. 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1378 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Solid Waste Management 

Roger Sessoms v. EHNR/ Asbestos Hazard Management Branch 93 EHR 0951 Gray 03/28/94 

Bertie Citizens Action Coalition, Inc.; Willard J. Oliver, Reginald Early, 93 EHR 1045 Morrison 04/06/94 

Herbert Jenkins, Jr., Lindwood Earl Tripp, Willie Warren Tripp, Mary 

Alice Cherry, and Kathy Burden v. EHNR, Solid Waste Management 

Division, and East Carolina Environmental, Inc., Addington Environmental, 

Inc., et al. 
Bobby Benton v. EHNR & Division of Solid Waste 94 EHR 0442 Gray 08/22/94 

HUMAN RESOURCES 



9:3 NCR 214 



Jerome Triplin v. Department of Human Resources 

Helen J. Walls, Walls Young World v. Department of Human Resources 

Brenda C. Robinson v. Department of Human Resources 

Betty Rhodes v. Department of Human Resources 

Distribution Child Support 

Mona L. Stanback v. DHR, Div/Social Svcs, Child Support Enf. Section 
Jachell D. Parker v. Department of Human Resources 
Earleen G. Tinsley v. Department of Human Resources 

Division of Child Development 

Judith Fridley v. Div. of Child Development/ Abuse/Neglect Unit 

DHR, Division of Child Development v. Joyce Gale 

Laurcen Holt, ID#26-0-00037 v. DHR, Div. of Child Development 

Gloria C. Haith v. Department of Human Resources 

Gloria C. Haith v. Daycare Consultant 

Charles E. Smith v. Department of Human Resources 

Scotfs Loving Day Care & Nursery, Mrs. Willie L. Scott v. DHR 

Belinda K. Mitchell v. Human Resources, Div. of Child Development 

Living Word Day Care, Jonathan Lankford v. Dept. of Human Resources 

David G. Whitted, Pres., Toddlers Academy, Inc. v. Div of Child Dev. 

Facility Services 

Laura Harvey Williams v. DHR, Division of Facility Services 

Presbyterian-Orthopaedic Hospital v. Department of Human Resources 

Judy Hoben Wallace v. Department of Human Resources 

Lowell Stafford v. Department of Human Resources 

Willie J. McCombs v. Human Resources, Div. of Facility Services 

Mr. & Mrs. Alvin Wilson v. DHR, Division of Facility Services 

Certificate of Need Section 

Charles E. Hunter, Jr., M.D. & Coastal Perfusion Svcs, Inc. v. 

Department of Human Resources, and Wilmington Perfusion 

Corp. and Howard F. Marks, Jr., M.D. 
Cape Fear Memorial Hospital v. Department of Human Resources 
Angel Community Hospital, Inc. v. DHR, Div. of Facility Svcs., Cert./ 

Need Section, and Britthaven, Inc., d/b/a Britthaven of Franklin 
The Carrolton of Fayetteville, Inc. v. Department of Human Resources 

and 
Highland House of Fayetteville, Inc. & Richard R. Allen Sr. v. DHR 
The Carrolton of Fayetteville, Inc. v. Department of Human Resources 

and 

Highland House of Fayetteville, Inc. & Richard R. Allen Sr. v. DHR 

Division of Medical Assistance 

J.R., by and through her agent & Personal Rep., Hank Neal v. DHR 
N.R. by & through her agt & personal rep E.C.J, v. DHR, Medical Assis. 
David Yott v. Department of Human Resources 

Sampson County Memorial Hospital v. DHR, Div of Medical Assistance 
Division of Medical Assistance v. Catawba Cty Dept. of Social Services 
Lu Ann Leidy, MD/Dorothea Dix Hosp. Child & Youth v. Medical Assis. 



93 DHR 0108 


Reilly 


08/19/94 


93 DHR 0965 


Morgan 


08/11/94 


94 DHR 0365 


West 


06/01/94 


94 DHR 0501 


Morrison 


06/02/94 



93 DCS 0969 


Morgan 


08/02/94 


93 DCS 0371 


Morgan 


07/14/94 


94 DCS 0651 


Nesnow 


09/15/94 



93 DHR 0973 


Morrison 


03/08/94 


93 DHR 1344 


Gray 


04/28/94 


93 DHR 1549 


Becton 


07/13/94 


93 DHR 1707 


Nesnow 


03/22/94 


93 DHR 1787 


Nesnow 


03/14/94 


93 DHR 1797 


Nesnow 


03/21/94 


94 DHR 0106 


Nesnow 


06/29/94 


94 DHR 0119 


Reilly 


06/30/94 


94 DHR 0168 


Nesnow 


03/23/94 


94 DHR 0453 


Mann 


09/23/94 



93 DHR 0391 


Morgan 


08/11/94 


93 DHR 0805 


Reilly 


03/11/94 


93 DHR 0935 


Gray 


05/23/94 


93 DHR 1381 


Gray 


04/15/94 


94 DHR 0430 


Gray 


09/29/94 


94 DHR 0559 


Chess 


08/25/94 



93 DHR 0746 


Morgan 


04/11/94 


93 DHR 1552 


Reilly 


08/15/94 


94 DHR 0146 


West 


10/21/94 


94 DHR 0197** 


Morgan 


08/11/94 


94 DHR 0198* 5 


Morgan 


08/11/94 



93 DHR 0528 


Gray 


04/27/94 


93 DHR 0538 


Chess 


07/01/94 


93 DHR 1113 


Gray 


04/05/94 


93 DHR 1760 


West 


09/07/94 


93 DHR 1778 


West 


03/04/94 


94 DHR 0448 


Chess 


06/21/94 



1379 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



CONTESTED CASE DECISIONS 



AGENCY 



Tiviaon of Social Sendees 

Evelyn Moore v. Department of Human Resources 

Nathaniel Harrell, Annie Harrell v. Department of Social Services 

Child Support Enforcement Section 



Ufred Bennett v. Department of Human Resources 
ihelton Staples v. Department of Human Resources 
lelen Lee Harvell Jones v. Department of Human Resources 
Dalton Felton Sr. v. Department of Human Resources 
^olty S. Hughes v. Department of Human Resources 
3ary Eugene Honeycutt v. Department of Human Resources 
Vicki C. Conn v. Department of Human Resources 
Fohn R. Lossiah v. Department of Human Resources 
Vlelvin L. Miller Sr. v. Department of Human Resources 
tobert L. HickB v. Department of Human Resources 
rhomas Sadler v. Department of Human Resources 
Frederick C. Burdick Jr. v. Department of Human Resources 
Darryl D. Leedy v. Department of Human Resources 
David M. Fogleman Jr. v. Department of Human Resources 
William Heckstall v. Department of Human Resources 
Luther Hatcher v. Department of Human Resources 
Bryan JefFrey Cole v. Department of Human Resources 
Anthony E. Bullard v. Department of Human Resources 
Donald E. Height v. Department of Human Resources 
Dexter L. Chambers v. Department of Human Resources 
Ronald E. Johnson v. Department of Human Resources 
Roger Moore v. Department of Human Resources 
Alvin Lee Martin v. Department of Human Resources 
James J. Malloy v. Department of Human Resources 
Robert Young v. Department of Human Resources 
Henry M. Dillard v. Department of Human Resources 
Vernon Byrd v. Department of Human Resources 
Antonio Townsend v. Department of Human Resources 
Keith M. Gray v. Department of Human Resources 
Troy E. Pinkney v. Department of Human Resources 
Anthony A. Macon v. Department of Human Resources 
Walter Lee Corbett v. Department of Human Resources 
Joseph E. Kernstine v. Department of Human Resources 
Alvin M. Davis v. Department of Human Resources 
Thomas M. Birdwell DI v. Department of Human Resources 
Joe Louis Mayo v. Department of Human Resources 
Bobby Lewis Smith v. Department of Human Resources 
Lawrence D. Dean v. Department of Human Resources 
Louis C. Cade v. Department of Human Resources 
Richard J. Swarm v. Department of Human Resources 
Nash Andrew Newsome v. Department of Human Resources 
James E. Watson v. Department of Human Resources 
Robert Lee Barrett v. Department of Human Resources 
Anthony Raynor Sr. v. Department of Human Resources 
Betty A. Williams, Fred E. Jones v. Department of Human Resources 
Jeff A. Taylor v. Department of Human Resources 
Eric G. Sykes v. Department of Human Resources 
John Hagins v. Department of Human Resources 
Terrence D. Timmons v. Department of Human Resources 
Ray A. Johnstone v. Department of Human Resources 
Morris Ray Bethel v. Department of Human Resources 
Willie C. Hollis v. Department of Human Resources 
Edward Boggan v. Department of Human Resources 
Raymond Junior Cagle v. Department of Human Resources 
Ernest N. Pruitt Jr. v. Department of Human Resources 
Michael P. McCay v. Department of Human Resources 
Robert Matthew Rossi v. Department of Human Resources 
Bernadette Cook v. Department of Human Resources 
Rawan Weigel v. Department of Human Resources 
Lem Person v. Department of Human Resources 
Bobby Lee McCullers Jr. v. Department of Human Resources 



CASE 
NUMBER 



94 DHR 0293 
94 DHR 0440 



ALJ 



Reilly 
Gray 



DATE OF 
DECISION 



04/15/94 
06/27/94 



PUBLISHED DECISION 
REGISTER CITATION 



90CSE 1146 


Morgan 


08/11/94 


91 CSE0660 


Morgan 


08/11/94 


91 CSE 1183 


Morgan 


08/11/94 


92 CSE 0532 


Morgan 


07/13/94 


92 CSE 1199 


Morgan 


08/10/94 


92 CSE 1207 


Morgan 


08/10/94 


92 CSE 1268 


Morgan 


08/10/94 


92 CSE 1345 


Mann 


10/13/94 


92 CSE 1372 


Morgan 


08/10/94 


92 CSE 1591 


Morgan 


08/10/94 


92 CSE 1739 


Becton 


10/18/94 


93 CSE 0227 


Mann 


11/09/94 


93 CSE 0591 


Morgan 


08/11/94 


93 CSE 1074 


Mann 


10/10/94 


93 CSE 1077 


Reilly 


03/14/94 


93 CSE 1082 


Mann 


05/24/94 


93 CSE 1091 


Becton 


03/30/94 


93 CSE 1094 


Nesnow 


06/13/94 


93 CSE 1110 


Morgan 


08/11/94 


93 CSE 1124 


West 


03/28/94 


93 CSE 1 125 


Becton 


03/30/94 


93 CSE 1127 


Becton 


04/14/94 


93 CSE 1128 


Nesnow 


04/04/94 


93 CSE 1 132 


Gray 


10/03/94 


93 CSE 1133 


Reilly 


04/18/94 


93 CSE 1135 


Nesnow 


06/13/94 


93 CSE 1136 


Becton 


08/22/94 


93 CSE 1 139 


Becton 


03/30/94 


93 CSE 1 140 


Nesnow 


06/28/94 


93 CSE 1148 


Mann 


03/29/94 


93 CSE 1 149 


Gray 


04/26/94 


93 CSE 1150 


Reilly 


03/30/94 


93 CSE 1151 


Morgan 


07/15/94 


93 CSE 1 152 


Morgan 


08/04/94 


93 CSE 1 155 


Morgan 


08/02/94 


93 CSE 1161 


West 


04/19/94 


93 CSE 1 162 


Nesnow 


06/16/94 


93 CSE 1 165 


Gray 


10/27/94 


93 CSE 1166 


Morrison 


06/16/94 


93 CSE 1167 


Reilly 


06/17/94 


93 CSE 1170 


Mann 


03/17/94 


93 CSE 1171 


Gray 


04/26/94 


93 CSE 1 172 


Morrison 


04/20/94 


93 CSE 1173 


Morrison 


10/27/94 


93 CSE 1 178 


Nesnow 


04/20/94 


93 CSE 1180 


Morgan 


07/15/94 


93 CSE 1181 


Becton 


04/20/94 


93 CSE 1182 


Mann 


11/14/94 


93 CSE 1 183 


Becton 


10/11/94 


93 CSE 1186 


Morrison 


10/03/94 


93 CSE 1188 


West 


07/11/94 


93 CSE 1191 


Becton 


05/09/94 


93 CSE 1192 


Chess 


09/01/94 


93 CSE 1194 


Morrison 


10/03/94 


93 CSE 1 197 


Nesnow 


06/28/94 


93 CSE 1 198 


Morgan 


08/02/94 


93 CSE 1199 


Becton 


08/22/94 


93 CSE 1202 


Gray 


04/27/94 


93 CSE 1212 


Gray 


08/26/94 


93 CSE 1214 


Morrison 


06/16/94 


93 CSE 1215 


Reilly 


06/17/94 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1380 



CONTESTED CASE DECISIONS 



AGENCY 



Randall R. Rhodes v. Department of Human Resources 
Glen Nelson Washington v. Department of Human Resources 
Michael V. Dockery v. Department of Human Resources 
Robert Corley Jr. v. Department of Human Resources 
Floyd E. Bailey v. Department of Human Resources 
Dennis W. Nolan v. Department of Human Resources 
Robert Calvin Connor v. Department of Human Resources 
James D. Williams v. Department of Human Resources 
Mahalon Eugene While v. Department of Human Resources 
Marty Franzen v. Department of Human Resources 
Vaughn D. Pearsall v. Department of Human Resources 
Gerald L. Murrell v. Department of Human Resources 
Larry D. Dawson v. Department of Human Resources 
McDaniel Teeter Jr. v. Department of Human Resources 
King D. Graham v. Department of Human Resources 
Brian C. Carelock v. Department of Human Resources 
Bradford C. Lewis v. Department of Human Resources 
Derek Watson v. Department of Human Resources 
Luther Borden v. Department of Human Resources 
Walter B. Lester v. Department of Human Resources 
Wilbert E. Anderson v. Department of Human Resources 
David H. Johnson v. Department of Human Resources 
William Earl Arrington v. Department of Human Resources 
William K. Whisenant v. Department of Human Resources 
Curtis C. Osborne v. Department of Human Resources 
Stanley J. Forsack v. Department of Human Resources 
Larry Cornelius Smith v. Department of Human Resources 
Robert C. Lee Jr. v. Department of Human Resources 
Sidney Ray Tuggle Jr. v. Department of Human Resources 
Michael A. Amos v. Department of Human Resources 
Reginald Eugene Hill v. Department of Human Resources 
Jimmy C. Harvell v. Department of Human Resources 
John Edward Tannehill v. Department of Human Resources 
Benjamin McCormick v. Department of Human Resources 
Steven Connet v. Department of Human Resources 
Gregory N. Winley v. Department of Human Resources 
Ronald Brown v. Department of Human Resources 
David L. Hill v. Department of Human Resources 
Ronald Fred Metzger v. Department of Human Resources 
James L. Phillips v. Department of Human Resources 
John D. Bryant v. Department of Human Resources 
George Aaron Collins v. Department of Human Resources 
Ricky Glenn Mabe v. Department of Human Resources 
Samuel L. Dodd v. Department of Human Resources 
James W. Smith v. Department of Human Resources 
William A. Sellers v. Department of Human Resources 
Jerry Mclver v. Department of Human Resources 
Johnny B. Little v. Department of Human Resources 
Kenneth W. Cooper v. Department of Human Resources 
Nathan D. Winston v. Department of Human Resources 
Bobby Charles Coleman v. Department of Human Resources 
Anthony Curry v. Department of Human Resources 
Charles W. Norwood Jr. v. Department of Human Resources 
David L. Terry v. Department of Human Resources 
Audwin Lindsay v. Department of Human Resources 
Steven A. Elmquist v. Department of Human Resources 
Kelvin Dean Jackson v. Department of Human Resources 
Jerry R. Gibson v. Department of Human Resources 
Melvin Lewis Griffin v. Department of Human Resources 
Dennis E. Fountain Jr. v. Department of Human Resources 
Mark E. Rogers v. Department of Human Resources 
Daniel J. McDowell v. Department of Human Resources 
Edna VonCannon v. Department of Human Resources 
Darron J. Roberte v. Department of Human Resources 
Ephrom Sparkman Jr. v. Department of Human Resources 
Terry James Carothera v. Department of Human Resources 
Thomas A. Ayere v. Department of Human Resources 
Daniel Thomas Hcfele v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


AU 


DECISION REGISTER CITATION 


93 CSE 1219 


Nesnow 


06/16/94 


93 CSE 1221 


Morgan 


08/02/94 


93 CSE 1222 


Morgan 


07/15/94 


93 CSE 1225 


Chess 


10/05/94 


93 CSE 1227 


Mann 


07/07/94 


93 CSE 1254 


Morrison 


04/27/94 


93 CSE 1258 


West 


04/19/94 


93 CSE 1259 


West 


04/19/94 


93 CSE 1261 


Nesnow 


08/22/94 


93 CSE 1264 


Morgan 


07/15/94 


93 CSE 1267 


Bee ton 


04/20/94 


93 CSE 1271 


Gray 


08/26/94 


93 CSE 1273 


Morrison 


07/07/94 


93 CSE 1274 


Morrison 


06/30/94 


93 CSE 1275 


Becton 


05/18/94 


93 CSE 1276 


Mann 


10/13/94 


93 CSE 1278 


Mann 


10/13/94 


93 CSE 1283 


Reilly 


06/30/94 


93 CSE 1284 


West 


06/23/94 


93 CSE 1287 


Nesnow 


06/28/94 


93 CSE 1288 


Nesnow 


10/12/94 


93 CSE 1289 


Mann 


10/14/94 


93 CSE 1290 


Mann 


10/14/94 


93 CSE 1291 


Becton 


08/22/94 


93 CSE 1299 


Gray 


09/19/94 


93 CSE 1301 


Morrison 


08/23/94 


93 CSE 1302 


Morrison 


06/30/94 


93 CSE 1303 


Reilly 


06/30/94 


93 CSE 1307 


West 


04/25/94 


93 CSE 1308 


West 


07/15/94 


93 CSE 1309 


West 


10/06/94 


93 CSE 1310 


Nesnow 


10/27/94 


93 CSE 1312 


Nesnow 


10/03/94 


93 CSE 1313 


Morgan 


08/02/94 


93 CSE 1315 


Mann 


10/14/94 


93 CSE 1316 


Becton 


06/14/94 


93 CSE 1318 


Becton 


06/29/94 


93 CSE 1320 


Chess 


11/08/94 


93 CSE 1323 


Mann 


09/26/94 


93 CSE 1326 


Reilly 


06/17/94 


93 CSE 1327 


Reilly 


10/27/94 


93 CSE 1331 


West 


04/25/94 


93 CSE 1356 


Mann 


09/26/94 


93 CSE 1357 


Gray 


03/31/94 


93 CSE 1358 


Gray 


08/26/94 


93 CSE 1359 


Morrison 


04/20/94 


93 CSE 1362 


Reilly 


06/30/94 


93 CSE 1363 


West 


06/23/94 


93 CSE 1364 


West 


04/27/94 


93 CSE 1365 


Nesnow 


07/07/94 


93 CSE 1368 


Morgan 


08/02/94 


93 CSE 1371 


Chess 


08/18/94 


93 CSE 1385 


West 


06/13/94 


93 CSE 1386 


Mann 


05/18/94 


93 CSE 1390 


Morrison 


07/15/94 


93 CSE 1392 


Reilly 


04/29/94 


93 CSE 1394 


West 


06/13/94 


93 CSE 1411 


Nesnow 


08/24/94 


93 CSE 1412 


Morgan 


08/02/94 


93 CSE 1414 


Chess 


05/13/94 


93 CSE 1415 


Mann 


05/03/94 


93 CSE 1416 


Gray 


09/19/94 


93 CSE 1417 


Morrison 


06/14/94 


93 CSE 1419 


West 


08/23/94 


93 CSE 1422 


Morgan 


08/04/94 


93 CSE 1428 


Gray 


10/26/94 


93 CSE 1431 


Morrison 


06/30/94 


93 CSE 1432 


Morrison 


04/28/94 



1381 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



CONTESTED CASE DECISIONS 



AGENCY 



Jilbcrt J. Gutierrez v. Department of Human Resources 
Uton D. Johnson v. Department of Human Resources 
)arryl C. Thompson v. Department of Human Resources 
effery E. Holley v. Department of Human Resources 
Hiester Sandeis v. Department of Human Resources 
todney Guyton v. Department of Human Resources 
kelson Bennett v. Department of Human Resources 
Donald W Clark v. Department of Human Resources 
Villiam E. David Jr. v. Department of Human Resources 
\rthur Lee Carter v. Department of Human Resources 
'rank Reiff v. Department of Human Resources 
ohn J. Gabriel v. Department of Human Resources 
Robert Hayes v. Department of Human Resources 
Donald Ray Copeland v. Department of Human Resources 
Clark Anthony Bryant v. Department of Human Resources 
rimothy D. Evans v. Department of Human Resources 
Silly Edward Smith v. Department of Human Resources 
Allen D. Terrell v. Department of Human Resources 
Ray C. Moses v. Department of Human Resources 
Viickey Bridgett v. Department of Human Resources 
Stephen L. Brown v. Department of Human Resources 
David Beduhn v. Department of Human Resources 
3art Ransom v. Department of Human Resources 
William H. Simpson Sr. v. Department of Human Resources 
Clarence J. Galling Jr. v. Department of Human Resources 
James D. McClure Jr. v. Department of Human Resources 
Christopher Ivan Smith v. Department of Human Resources 
Douglas L. Cherrix v. Department of Human Resources 
Dwayne Lament. Thompson v. Department of Human Resources 
Michael Edwin Smith v. Department of Human Resources 
Horace Lee Bass v. Department of Human Resources 
Michael Wilder v. Department of Human Resources 
William Howard Wright v. Department of Human Resources 
James A. Cephas v. Department of Human Resources 
Edward E. Purr v. Department of Human Resources 
James Hunsaker v. Department of Human Resources 
James W. Ragsdale v. Department of Human Resources 
Mark E. Campbell v. Department of Human Resources 
Vernon Lamont Weaver v. Department of Human Resources 
Jesse B. McAfee v. Department of Human Resources 
William Ellis v. Department of Human Resources 
Henry A. Harriet Jr. v. Department of Human Resources 
John H. Fortner Jr. v. Department of Human Resources 
Mike Johnson v. Department of Human Resources 
Carl E. Crump v. Department of Human Resources 
Herman F. Jacobs Jr. v. Department of Human Resources 
Barriet Easterling v. Department of Human Resources 
Dorsey L. Johnson v. Department of Human Resources 
Wade A. Burgess v. Department of Human Resources 
Billy Dale Beaney v. Department of Human Resources 
Gregory Harrell v. Department of Human Resources 
James E. Wiggins Sr. v. Department of Human Resources 
Tony A. Draughon v. Department of Human Resources 
Gregory L. Rimmer v. Department of Human Resources 
Ruben Jonathan Bostillo v. Department of Human Resources 
Timothy J. Jones v. Department of Human Resources 
Randall E. Hunter v. Department of Human Resources 
Cyrus R. Luallen v. Department of Human Resources 
Willie Hawkins v. Department of Human Resources 
B.A. Sellen v. Department of Human Resources 
John R Vadas v. Department of Human Resources 
Gary T. Hudson v. Department of Human Resources 
Alton E. Simpson Jr. v. Department of Human Resources 
Johnny T. Usher v. Department of Human Resources 
Tim H. Maxwell v. Department of Human Resources 
Charles Darrell Matthews v. Department of Human Resources 
John William Vance Jr. v. Department of Human Resources 
Bobby R. Sanders v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION REGISTER CITATION 


93 CSE 1433 


Morrison 


05/13/94 


93 CSE 1434 


Reilly 


04/29/94 


93 CSE 1435 


Reilly 


06/30/94 


93 CSE 1436 


Reilly 


08/23/94 


93 CSE 1437 


West 


04/19/94 


93 CSE 1439 


West 


04/21/94 


93 CSE 1440 


Nesnow 


08/31/94 


93 CSE 1441 


Nesnow 


05/13/94 


93 CSE 1442 


Nesnow 


05/02/94 


93 CSE 1445 


Morgan 


08/10/94 


93 CSE 1448 


Becton 


08/22/94 


93 CSE 1452 


Chess 


05/16/94 


93 CSE 1453 


Mann 


07/07/94 


93 CSE 1454 


Mann 


10/10/94 


93 CSE 1455 


Gray 


06/30/94 


93 CSE 1460 


Reilly 


04/28/94 


93 CSE 1461 


West 


04/19/94 


93 CSE 1463 


Nesnow 


05/02/94 


93 CSE 1464 


Nesnow 


04/28/94 


93 CSE 1468 


Becton 


05/24/94 


93 CSE 1470 


Chess 


09/27/94 


93 CSE 1494 


Gray 


08/30/94 


93 CSE 1495 


Morrison 


04/29/94 


93 CSE 1497 


West 


04/19/94 


93 CSE 1499 


Morgan 


08/02/94 


93 CSE 1500 


Becton 


05/13/94 


93 CSE 1510 


Gray 


07/07/94 


93 CSE 1512 


Gray 


05/13/94 


93 CSE 1515 


Morrison 


04/21/94 


93 CSE 1517 


Morrison 


08/26/94 


93 CSE 1520 


Morrison 


05/13/94 


93 CSE 1521 


Reilly 


04/28/94 


93 CSE 1522 


Reilly 


08/26/94 


93 CSE 1523 


Reilly 


05/13/94 


93 CSE 1524 


Reilly 


06/17/94 


93 CSE 1526 


Chess 


11/08/94 


93 CSE 1528 


Reilly 


10/12/94 


93 CSE 1537 


Nesnow 


05/19/94 


93 CSE 1538 


Nesnow 


09/23/94 


93 CSE 1539 


Nesnow 


09/26/94 


93 CSE 1540 


Morgan 


08/02/94 


93 CSE 1541 


Morgan 


08/04/94 


93 CSE 1542 


Morgan 


08/02/94 


93 CSE 1544 


Morgan 


08/04/94 


93 CSE 1545 


Becton 


09/23/94 


93 CSE 1557 


Chess 


09/27/94 


93 CSE 1560 


Mann 


05/18/94 


93 CSE 1565 


Gray 


09/19/94 


93 CSE 1568 


Morrison 


04/28/94 


93 CSE 1569 


Morrison 


05/13/94 


93 CSE 1570 


Morrison 


08/26/94 


93 CSE 1571 


Morrison 


05/13/94 


93 CSE 1572 


Reilly 


07/07/94 


93 CSE 1573 


Reilly 


09/23/94 


93 CSE 1574 


Reilly 


09/01/94 


93 CSE 1576 


West 


04/19/94 


93 CSE 1579 


West 


04/19/94 


93 CSE 1583 


Nesnow 


06/16/94 


93 CSE 1585 


Morgan 


08/02/94 


93 CSE 1586 


Morgan 


08/02/94 


93 CSE 1589 


Becton 


11/08/94 


93 CSE 1590 


Becton 


09/23/94 


93 CSE 1591 


Becton 


04/20/94 


93 CSE 1592 


Chess 


05/19/94 


93 CSE 1594 


Chess 


06/30/94 


93 CSE 1596 


West 


06/13/94 


93 CSE 1597 


Becton 


05/13/94 


93 CSE 1598 


Nesnow 


07/25/94 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1382 



CONTESTED CASE DECISIONS 



AGENCY 



Michael S. Rhynes v. Department of Human Resources 
Gerry Bernard Whitfield v. Department of Human Resources 
Denise L. Smith v. Department of Human Resources 
Brian Gilmore v. Department of Human Resources 
Jesse Jeremy Bullock v. Department of Human Resources 
Jeffrey Alston v. Department of Human Resources 
Ronald E. Loweke v. Department of Human Resources 
Robert D. F^rker v. Department of Human Resources 
Charles F. McKirahan Jr. v. Department of Human Resources 
Bennie E. HickB v. Department of Human Resources 
Herbert Council v. Department of Human Resources 
Richard Rachel v. Department of Human Resources 
Alan V. Teubert v. Department of Human Resources 
Henry L. Ward Jr. v. Department of Human Resources 
June V. Pettus v. Department of Human Resources 
Benjamin J. Stroud v. Department of Human Resources 
Charles Leonard Fletcher v. Department of Human Resources 
Tony A. Miles v. Department of Human Resources 
Dwayne L. Allen v. Department of Human Resources 
Earl Newkirk Jr. v. Department of Human Resources 
Reginald Rorie v. Department of Human Resources 
James Edward Penley v. Department of Human Resources 
Joe C. Dean v. Department of Human Resources 
Vernon Bullock v. Department of Human Resources 
Nathaniel L. Hayes v. Department of Human Resources 
Jessie Liles v. Department of Human Resources 
Raymond Scott Eaton v. Department of Human Resources 
Karen M. Stogner v. Department of Human Resources 
Nelson Fowler Jr. v. Department of Human Resources 
Royston D. Blandford III v. Department of Human Resources 
Kenneth B. Taylor v. Department of Human Resources 
Ronald Erwin Williams v. Department of Human Resources 
Michael L. Franks v. Department of Human Resources 
Donnie W. Craghead v. Department of Human Resources 
Billy D. Gibson v. Department of Human Resources 
Ronald Garrett v. Department of Human Resources 
Ervin C. Harvey v. Department of Human Resources 
Wanda Jean Lee Daniels v. Department of Human Resources 
Charles E. Colston v. Department of Human Resources 
Daron Wayne Smith v. Department of Human Resources 
Maurice Franks v. Department of Human Resources 
John D. Melton v. Department of Human Resources 
Michael Lynn Jones v. Department of Human Resources 
Grayson Kelly Jones v. Department of Human Resources 
Larry Hayes v. Department of Human Resources 
Richard Eugene Dunn v. Department of Human Resources 
Warren F. Welch V. Department of Human Resources 
Timothy R. Abraham v. Department of Human Resources 
Fred Thompson Jr. v. Department of Human Resources 
Donell Howard v. Department of Human Resources 



CASE 




DATE OF PUBLISHED DECISION 


NUMBER 


AU 


DECISION REGISTER CITATION 


93 CSE 1599 


Nesnow 


06/30/94 


93 CSE 1601 


Gray 


10/14/94 


93 CSE 1603 


Chess 


08/18/94 


93 CSE 1615 


Chess 


05/13/94 


93 CSE 1632 


Morrison 


06/14/94 


93 CSE 1634 


Morrison 


09/28/94 


93 CSE 1635 


Reilly 


06/17/94 


93 CSE 1637 


Reilly 


06/29/94 


93 CSE 1640 


West 


06/14/94 


93 CSE 1641 


Nesnow 


07/25/94 


93 CSE 1643 


Nesnow 


07/25/94 


93 CSE 1644 


Morgan 


08/02/94 


93 CSE 1645 


Morgan 


08/10/94 


93 CSE 1646 


Morgan 


08/02/94 


93 CSE 1647 


Becton 


10/31/94 


93 CSE 1648 


Bee ton 


05/19/94 


93 CSE 1649 


Becton 


07/20/94 


93 CSE 1654 


Mann 


05/24/94 


93 CSE 1655 


Mann 


05/17/94 


93 CSE 1680 


Morrison 


08/26/94 


93 CSE 1683 


Gray 


10/14/94 


93 CSE 1714 


Mann 


09/26/94 


93 CSE 1715 


Gray 


05/23/94 


93 CSE 1743 


Nesnow 


07/07/94 


93 CSE 1749 


Nesnow 


11/09/94 


93 CSE 1757 


Morgan 


08/02/94 


93 CSE 1761 


Becton 


06/29/94 


93 CSE 1785 


Chess 


11/08/94 


94 CSE 0039 


Mann 


10/10/94 


94 CSE 0095 


West 


04/19/94 


94 CSE 0113 


Becton 


10/11/94 


94 CSE 0141 


Becton 


09/23/94 


94 CSE 0142 


Chess 


08/16/94 


94 CSE 0163 


Mann 


09/26/94 


94 CSE 0166 


Mann 


09/26/94 


94 CSE 0227 


Reilly 


08/22/94 


94 CSE 0247 


Becton 


08/22/94 


94 CSE 0266 


Morgan 


08/02/94 


94 CSE 0280 


Reilly 


08/30/94 


94 CSE 0300 


Gray 


06/27/94 


94 CSE 0310 


West 


10/27/94 


94 CSE 0324 


Nesnow 


07/25/94 


94 CSE 0402 


Morgan 


08/02/94 


94 CSE 0433 


West 


09/15/94 


94 CSE 0456 


Nesnow 


08/22/94 


94 CSE 0494 


West 


07/29/94 


94 CSE 0541 


Mann 


11/09/94 


94 CSE 0595 


Reilly 


10/12/94 


94 CSE 0639 


Morrison 


08/31/94 


94 CSE 0672 


Reilly 


10/27/94 



JUSTICE 



Alarm Systems Licensing Board 



Alarm Systems Licensing Boaid v. George P. Baker 
Patrick P. Sassman v. Alarm Systems Licensing Board 
Christopher Pate v. Alarm Systems Licensing Boaid 
Paul J. Allen v. Alarm Systems Licensing Board 



93 DOJ 0457 


Nesnow 


03/10/94 


94 DOJ 0709 


Chess 


09/12/94 


94 DOJ 0710 


Chess 


09/12/94 


94 DOJ 0964 


West 


10/31/94 



Private Protective Services Board 



Rex Allen Jefferies v. Private Protective Services Board 
Larry C. Hopkins v. Private Protective Services Board 
Gregory K. BrookB v. Private Protective Services Board 
Stephen M. Rose v. Private Protective Services Board 
Lemuel Lee Clark Jr. v. Private Protective Services Board 
Dexter R. Usher v. Private Protective Services Board 



93 DOJ 0647 


Reilly 


08/01/94 


93 DOJ 1618 


Morrison 


03/07/94 


94 DOJ 0008 


Nesnow 


06/28/94 


94 DOJ 0359 


Nesnow 


05/19/94 


94 DOJ 0360 


Nesnow 


05/19/94 


94 DOJ 0648 


Reilly 


08/15/94 



1383 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



AJUJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Frankie L. McKoy v. Private Protective Services Board 
Michael L. Bonner v. Private Protective Services Boaid 
Johnny R. Dollar v. Private Protective Services Board 

Training and Standards Division 

Curtiss Lance Poteat v. Criminal Justice Ed. & Training Stds. Comm. 
Willie David Moore v. Criminal Justice Ed. & Training Stds. Comm. 
Glenn Travis Stout v. Criminal Justice Ed. & Training Stds. Comm. 
Steven W. Wray v. Sheriffs' Education & Training Standards Comm. 
J. Stevan North v. Sheriffs' Education & Training Standards Comm. 
Gregory Blake Manning v. Criminal Justice Ed. & Training Stds. Comm. 
Russell Pinkelton Jr. v. Sheriffs' Education & Training Stds. Comm. 
William Franklin Sheetz v. Sheriffs' Education & Training Stds. Comm. 
James M. Buie v. Criminal Justice Ed. & Training Stds. Comm. 
Burns E. Anderson v. Criminal Justice Ed. & Training Stds. Comm. 
Nelson Falcon v. Sheriffs' Education & Training Stds. Comm. 

LABOR 

Ronald D. Rumple D/B/A R&R Lawn & Landscaping v. Department 
of Labor, Wage & Hour Division 

MORTUARY SCIENCE 

Mortuary Science v. Perry J. Brown, & Brown's Funeral Directors 

PUBLIC EDUCATION 

Nancy Watson v. Board of Education 

Janet L. Wilcox v. Carteret County Board of Education 

Annice Granville, Phillip J. Granville v. Onslow County Bd. of Education 

Mary Ann Sciullo & Frank Sciullo on behalf of their minor child, 

Samuel W. Sciullo v. State Board of Education 
Wayne Hogwood v. Department of Public Instruction 
Norman Charles Creange v. State Bd. of Ed., Dept. of Public Instruction 

STATE HEALTH BENEFITS OFFICE 

Linda C, Campbell v. Teachers & St Emp Major Medical Plan 
Timothy L. Coggins v. Teachers' & St Emp Comp Major Med Plan 
Sandra Tatum v. Teaches & State Employees Comp Major Medical Plan 
P.H.B. v. Teachers & State Employees Comp Major Medical Plan 

STATE PERSONNEL 

Michael L. K. Benson v. Office of State Personnel 

Agricultural and Technical State University 

Linda D. Williams v. Agricultural and Technical State University 
Juanita D. Murphy v. Agricultural and Technical State University 
Thomas M. Simpson v. Agricultural and Technical State University 
Pricella M. Curtis v. A&T State University Curriculum & Instruction 



94 DOJ 0706 
94 DOJ 0794 
94 DOJ 0796 



94 DOL 0956 



93 BMS 0532 



93 INS 0410 

93 INS 0929 

94 INS 0028 
94 INS 0345 



93 OSP 1690 



93 OSP 0089 
93 OSP 0708 

93 OSP 1393 

94 OSP 0748 



Department of Agriculture 

Donald H. Crawford v. Department of Agriculture 

NC School of the Arts 

Rick McCullough v. Search Comm School/Dance, NC School of the Arts 94 OSP 051 1 

Butner Adolescent Treatment Center 

Alvin Lamonte Breed on v. Butner Adolescent Treatment Center 94 OSP 0899 



Chess 09/09/94 

Morrison 09/14/94 
Morrison 08/24/94 



93 DOJ 0231 


Chess 


03/28/94 






93 DOJ 1071 


Nesnow 


04/11/94 


9:3 NCR 


218 


93 DOJ 1409 


Gray 


03/03/94 






93 DOJ 1803 


Chess 


06/29/94 






94 DOJ 0040 


Chess 


06/16/94 






94 DOJ 0048 


Gray 


03/29/94 






94 DOJ 0118 


Gray 


08/10/94 






94 DOJ 0196 


Chess 


06/16/94 






94 DOJ 0401 


Nesnow 


08/26/94 






94 DOJ 0574 


Becton 


10/04/94 


9:15 NCR 


1234 


94 DOJ 0611 


Mann 


08/12/94 







Reilly 



Chess 



11/01/94 



03/28/94 



93 EDC 0234 


Chess 


02/28/94 


9:2 NCR 


108 


93 EDC 0451 


Mann 


02/21/94 






93 EDC 0742 


Mann 


08/01/94 


9:11 NCR 


863 


94 EDC 0044 


Gray 


07/22/94 






94 EDC 0653 


West 


10/20/94 


9:16 NCR 


1326 


94 EDC 0737 


Morrison 


11/04/94 







Becton 04/22/94 

Morrison 03/04/94 

Gray 10/25/94 

Gray 08/23/94 



Nesnow 



08/23/94 



Chess 03/23/94 

Morrison 03/16/94 

Gray 03/24/94 

Gray 08/17/94 



94 OSP 0108 Reilly 05/23/94 



West 10/14/94 



9:16 NCR 1331 
9:12 NCR 945 



Nesnow 10/12/94 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1384 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Catawba County 

Sandra J. Cunningham v. Catawba County 

North Carolina Central University 

Dianna Blackiey v. North Carolina Central University 
Ha-Yilyah Ha-She'B v. NCCU 



93 OSP 1097 



89 OSP 0494 
93 OSP 0875 



Chapel Hill & Carrboro City School 

Brenda J. Parker v. Stella Nickerson, Chapel Hill & Carrboro City School 94 OSP 0568 

Cherry Hospital 



Charles F. FieldB v. Cherry Hospital 

Gail Marie Rodgers Lincoln v. Cherry Hospital, Goldsboro, NC 27530 

Department of Commerce 

Ruth Daniel-ferry v. Department of Commerce 

Department of Correction 

Leland K. Williams v. Department of Correction 

Elroy Lewis v. North Central Area - Dept of Correction, Robert Lewis 

Steven R. Kellison v. Department of Correction 

Bert Esworthy v. Department of Correction 

James J. Lewis v. Department of Correction 

Merron Burrus v. Department of Correction 

Lewis Alsbrook v. Department of Correction, Morrison Youth Institution 

Junius C. Page v. Dept. of Correction, Secy. Franklin Freeman 

Richaid Hopkins v. Department of Correction 

Alfred B. Hunt v. Department of Correction 

Charles Home v. Equal Emp. Opportunity Officer & Dept. of Correction 

Adrian E. Graham v. Intensive Probation/Parole 

Thomas W. Creswell, Lisa K. Bradley v. Department of Correction 

Thomas W. Creswell, Lisa K. Bradley v. Department of Correction 

Barry Lee Clark v. Department of Correction 

Edward E. Hodge v. Department of Correction 

Phyllis K. Cameron v. Department of Correction 

Eastern Correctional Institution 

Roy A. Keel & Zebedee Taylor v. Eastern Correctional Institution 
Roy A. Keel & Zebedee Taylor v. Eastern Correctional Institution 

Guilford Correctional Center 

Ann R. Williams v. Guilford Correctional Center #4440 

McDowell Correctional Center 



94 OSP 0498 
94 OSP 0578 



93 OSP 0725 



Reilly 



Nesnow 
Bee ton 



West 



04/29/94 



09/14/94 
04/13/94 



10/06/94 



Morrison 06/15/94 
West 10/07/94 



Chess 



03/04/94 



94OSP0160* 1 
94 OSP 0256** 



94 OSP 0428 



Nesnow 
Nesnow 



West 



07/20/94 
07/20/94 



06/22/94 



9:4 NCR 292 



9:3 NCR 211 



9:1 NCR 63 



91 OSP 1287 


Chess 


02/22/94 




92 OSP 1770 


Becton 


05/24/94 


9:6 NCR 395 


93 OSP 0283 


Chess 


06/15/94 




93 OSP 0711 


Chess 


04/21/94 




93 OSP 1121 


West 


08/31/94 




93 OSP 1145 


West 


09/30/94 




93 OSP 1739 


West 


07/20/94 




93 OSP 1794 


Mann 


07/08/94 




94 OSP 0041 


Chess 


06/16/94 




94 OSP 0243 


Reilly 


04/20/94 




94 OSP 0244 


Nesnow 


06/16/94 




94 OSP 0261 


Morrison 


04/26/94 




94 OSP 0407** 


Chess 


09/28/94 




94 OSP 0408* 


Chess 


09/28/94 




94 OSP 0437 


Chess 


09/12/94 




94 OSP 0829 


Nesnow 


09/15/94 




94 OSP 0896 


Nesnow 


10/27/94 





Michael Junior Logan v. Kenneth L. Setter, McDowell Corn Ctr. 

Polk Youth Institution 
Joseph Mark Lewanowicz v. Department of Correction, Polk Youth Inst. 
Cosmetic Art Examiners 



94 OSP 0546 



94 OSP 0926 



Gray 



Nesnow 



09/01/94 



11/07/94 



Mary Quaintance v. N.C. State Boaid of Cosmetic Art Examiners 

Department of Crime Control and Public Safety 

Don R. Massenburg v. Department of Crime Control & Public Safety 
Fred L. Kearney v. Department of Crime Control & Public Safety 
J.D. Booth v. Department of Crime Control & Public Safety 



94 OSP 0372 



90 OSP 0239 

91 OSP 0401 

92 OSP 0953 



Chess 



06/14/94 



Chess 04/28/94 

West 03/18/94 

Morrison 10/18/94 



1385 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



CONTESTED CASE DECISIONS 



AGENCY 

Sylvia Nance v. Department of Crime Control & Public Safety 
Anthony R. Butler v. Highway Patrol 

Ruth P. Belcher v. Crime Control & Public Safety, State Highway Patrol 
Lewis G. Baker v. Crime Control & Public Safety, Office Adj . General 
William Smith v. State Highway Patrol 

Dorothea Dix Hospital 

Bettie Louise Boykin v. Dorothea Dix Hospital 

Ernest Akpaka v. Scott Stephens, Dorothea Dix Hospital 

Durham County Health Department 

Lylla Denell Stockton v. Durham County Health Department 

East Carolina School of Medicine 

Gloria Dianne Burroughs v. ECU School of Medicine 
Lillie Mercer Atkinson v. ECU, Dept of Comp. Med., 

Dr. William H. Pryor Jr., Sheila Church 
William Lee Perkins v. ECU Sch of Med. Comp. Med. L. Blankenship, 

Tammy Barnes, Wm Pyroe 

EUzabeth City State University 

James Charles Knox v. Eli2abeth City State University 

Employment Security Commission of North Carolina 

Rejeanne B. LeFrancois v. Employment Security Commission of N.C. 

Department of Environment, Health, and Natural Resources 

Steven P. Karasinski v. Environment, Health, and Natural Resources 

Division of Marine Fisheries 

William D. Nicely v. Environment, Health, & Natural Resources 

FayetteviUe State University 

Roscoe L. Williams v. FayetteviUe State University 

Department of Human Resources 

Inez Latta v. Department of Human Resources 

Charla S. Davis v. Department of Human Resources 

Rose Mary Taylor v. Department of Human Resources, Murdoch Center 

David R. Rodgers v. Jimmy Summerville, Stonewall Jackson School 

Dr. Patricia Sokol v. James B. Hunt, Governor and Human Resources 

Bruce B. Blackmon, M.D. v. DHR, Disability Determination Services 

Craven County Department of Social Services 

Shirley A. Holland v. Craven Cty. Dept./Social Services & Craven Cty. 
Nettie Jane Godwin (Lawhorn) v. Craven Cty. DSS & Craven Cty. 
Violet P. Kelly v. Craven Cty. Dept. of Social Services & Craven Cty. 

Durham County Department of Social Services 

Belinda F. Jones v. Daniel Hudgins, Durham Cty Dept of Social Svcs 
Ralph A. Williams v. Durham County Department of Social Services 

Haywood County Department of Social Services 

Dorothy Morrow v. Haywood County Department of Social Services 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


92 OSP 1463 


Reilly 


03/21/94 


93 OSP 1079 


West 


08/30/94 


94 OSP 0190 


Gray 


09/06/94 


94 OSP 0572 


Mann 


07/12/94 


94 OSP 0816 


Morrison 


09/09/94 



PUBLISHED DECISION 
REGISTER CITATION 



94 OSP 0831 
94 OSP 0962 



93 OSP 1780 



94 OSP 0207 



93 OSP 1069 



93 OSP 0940 



92 OSP 1454 



93 OSP 0487 



93 OSP 0728 

94 OSP 0167 



94 OSP 0186 



Nesnow 
Gray 



Gray 



Gray 



West 



West 



Becton 



West 



09/28/94 
11/01/94 



05/25/94 



93 OSP 0909 


Becton 


10/26/94 


94 OSP 0162 


Gray 


10/06/94 


94 OSP 0741 


West 


09/30/94 



06/17/94 



04/08/94 



09/02/94 



05/04/94 



06/22/94 



93 OSP 0830 


Becton 


03/28/94 


93 OSP 1762 


Gray 


03/03/94 


93 OSP 0047 


Gray 


05/06/94 


94 OSP 0087 


Chess 


03/16/94 


94 OSP 0357 


Chess 


08/22/94 


94 OSP 0410 


Nesnow 


09/14/94 



Chess 
Reilly 



West 



04/11/94 
09/13/94 



06/17/94 



9:5 NCR 



Hi 



93 OSP 1606 


Gray 


07/01/94 




93 OSP 1607 


Gray 


07/18/94 


9:9 NCR 


93 OSP 1805 


Reilly 


07/05/94 





655 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1386 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



Pamlico County Department of Social Services 
Mrs. Dietra C. Jones v. Pamlico Department of Social Services 94 OSP 0251 

Lee County Health Department 
James ShackleBn v. Lee County Health Department 

Medical Assistance 

Delores Y. Bryant v. DHR, Division of Medical Assistance 94 OSP 0991 

Delores Y. Bryant v. DHR, Division of Medical Assistance 94 OSP 0992 

Mental Health/Mental Retardation 
Yvonne G. Johnson v. Blue Ridge Mental Health 93 OSP 1604 

Services for the Blind 
Donna L. Williams v. DHR, Division of Services for the Blind 93 OSP 1610 

Vhke County Mental Health, Developmental Disabilities, and Substance Abuse Services 
Julia Morgan Brannon v. Wake County MH/DD/SAS 94 OSP 0214 

Viryne County Department of Social Services 

Brently Jean Carr, Nancy Carol Carter v. Wayne County/Wayne 94 OSP 0539* 8 

County Department of Social Services 
Brently Jean Carr, Nancy Carol Carter v. Wayne County/Wayne 94 OSP 0540** 

County Department of Social Services 

Justice 

Delores Y. Bryant v. Department of Justice 94 OSP 0984 

PubUc Instruction 

Elaine M. Sills v. Department of Public Instruction 94 OSP 0781 

Real Estate Appraisal Board 

Earl Hansford Grubbs v. Appraisal Boaid 94 OSP 0753 

Smoky Mountain Center 

Betty C. Bradley v. Smoky Mountain Center 93 OSP 1505 

N.C. State University 

Laura K. Reynolds v. N.C. State University - Dept. of Public Safety 
Ashraf G. Khalil v. N.C.S.U. 



Chess 08/09/94 



94 OSP 0344 Gray 08/17/94 



Department of Transportation 

Phyllis W Newnam v. Department of Transportetion 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of Transportation 

Glenn I. Hodge Jr. v. Samuel Hunt, Sec'y. Dept. of Transportetion 

Betsy Johnston Powell v. Department of Transportetion 

Arnold Craig v. Samuel Hunt, Secretary Department of Transportetion 

Susan H. Cole v. Department of Transportetion, Div. of Motor Vehicles 

Susan H. Cole v. Department of Transportetion, Div. of Motor Vehicles 

Clyde Lem Hairston v. Department of Transportetion 

Angela Trueblood Westmoreland v. Department of Transportetion 

Bobby R. Mayo v. Department of Transportetion 

Tony Lee Curtis v. Department of Transportation 

Darrell H. Wise v. Department of Transportetion 

Henry C. Puegh v. Department of Transportation 



92 OSP 0828 

93 OSP 1666 



Gray 10/27/94 

Gray 10/27/94 



Becton 03/18/94 

Morrison 10/25/94 

Reilly 04/14/94 

Mann 11/07/94 

Mann 11/07/94 



Gray 



Gray 



Nesnow 



Becton 



Morgan 
Nesnow 



10/27/94 



10/06/94 



08/24/94 



09/26/94 



05/26/94 
09/19/94 



9:14 NCR 1141 



92 OSP 1799 


Morgan 


08/11/94 






93 OSP 0297* 1 


Morrison 


03/10/94 


9:1 NCR 


60 


93 OSP 0500* 1 


Morrison 


03/10/94 


9:1 NCR 


60 


93 OSP 0550 


Morrison 


03/28/94 






93 OSP 0586 


Nesnow 


07/11/94 






93 OSP 0908 


Morrison 


07/15/94 






93 OSP 0908 


Morrison 


10/07/94 






93 OSP 0944 


Chess 


02/28/94 






93 OSP 1001 


Morrison 


09/30/94 


9:14 NCR 


1136 


93 OSP 1004 


Nesnow 


09/01/94 






93 OSP 1037 


Reilly 


08/26/94 






93 OSP 1353 


Gray 


07/26/94 






93 OSP 1710 


Nesnow 


05/24/94 







1387 



NORTH CAROLINA REGISTER 



December 1, 1994 



9:17 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PUBLISHED DECISION 
REGISTER CITATION 



94 OSP 0423 
94 OSP 0632 
94 OSP 0728 



Kenneth Ray Harvey v. Department of Transportation 
Bobby R. Mayo v. Department of Transportation 
Michael Bryant v. Department of Transportation 

University of North Carolina at Chapel Hilt 

William Paul Fearrington v. Univereity of North Carolina at Chapel Hill 
Paulette M. McKoy v. University of North Carolina at Chapel Hill 
Paulette M. McKoy v. University of North Carolina at Chapel Hill 
Eric W. Browning v. UNC-Chapel Hill 
Beth Anne Miller, R.N.-C v. UNC James A. Taylor Std Health Svc. 

University of North Carolina at Greensboro 

James S. Wilkinson v. UNCG Police Agency 

UNC Hospitals 

Barry Alonzo Nichols v. UNC Hospitals Central Dist. Sect. 

Wake County School System 

Lula Mae Freeman v. Wake County School System 

7V Whitake r School 

Dwayne R. Cooke v. The Whitaker School 

Winston-Salem State University 

David Phillip Davis v. Winston Salem State University 

Tonny M. Jarrctt v. Winston-Salem State University Campus Police 

STATE TREASURER 

Retirement Systems Division 

Molly Wiebenson v. Bd./Trustees/Teacheis* & State Employees' Ret. Sys. 
Judith A. Dorman v. Bd./Trustees/Teacheis' & State Employees' Ret. Sys. 
Nathan Fields v. Bd./Trustees/TeacheiB' & State Employees' Ret. Sys. 
John C. Russell v. Bd./Trustees/TeacheiB' & State Employees' Ret. Sys. 
Marion Franklin Howell v. Teacheis' & State Employees' Retirement Sys. 
Robert A. Slade v. Bd./Trustees/N.C. Local Govtl. Emp. Ret. System 
Connie B. Grant v. Bd./Trustees/TeacheiB' & State Employees' Ret. Sys. 
James E. Walker, Ind. & Admin for the Estate of Sarah S. Walker v. Bd./ 

Trustees/N.C. Local Govt. Emp. Ret. System 
Elizabeth M. Dudley v. Bd./Trustees/Teacheis' & State Emps' Ret. Sys. 
Kenneth A. Glenn v. Bd./Trustees/TeacheiB' & St Employees' Ret. Sys. 
Joseph Fulton v. Bd./TniBtees/Teacheis' & State Employees' Ret. Sys. 
Deborah W. Stewart v. Bd./Trustees/Teacheni' & State Employees' 

Ret. Sys. and Anthony L. Hope & Derrick L. Hope 

TRANSPORTATION 



Taylor & Murphy Construction Co. , Inc. v. Department of Transportation 93 DOT 1404 
UNIVERSITY OF NORTH CAROLINA 



Morrison 

Gray 

Chess 



08/17/94 
08/23/94 
08/15/94 



91 OSP 0905 


Reilly 


10/19/94 


92 OSP 0380* 7 


Bee ton 


10/24/94 


92 OSP 0792* 7 


Bee ton 


10/24/94 


93 OSP 0925 


Morrison 


05/03/94 


94 OSP 0800 


Nesnow 


09/26/94 



93 OSP 0850 



94 OSP 0509 



94 OSP 0576 



94 OSP 0328 



93 OSP 0947 
93 OSP 0953 



Chess 



08/22/94 



Morrison 06/15/94 



Morrison 06/28/94 



Chess 



Reilly 
Reilly 



06/02/94 



09/28/94 
09/12/94 



Heather Anne Porter v. State Residence Committee 
Nixon Omolodun v. UNC Physicians and Associates 



92 UNC 0799 
94 UNC 0295 



Chess 



Nesnow 
Chess 



08/24/94 



08/23/94 
06/27/94 



9:5 NCR 342 



92 DST 0015 


Morgan 


05/26/94 


9:6 NCR 


403 


92 DST 0223 


Morgan 


08/11/94 






93 DST 0161 


Morrison 


05/18/94 






93 DST 0164 


West 


03/07/94 






93 DST 0475 


Nesnow 


08/04/94 


9:12 NCR 


941 


93 DST 0785 


Bee ton 


03/18/94 


9:1 NCR 


68 


93 DST 0883 


Chess 


06/15/94 






93 DST 1054 


Bee ton 


05/31/94 


9:7 NCR 


490 


93 DST 1474 


Nesnow 


03/28/94 






93 DST 1612 


Morrison 


05/18/94 






93 DST 1731 


Bee ton 


05/25/94 






94 DST 0045 


Nesnow 


07/25/94 


9:10 NCR 


768 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1388 





NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 




1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two 


of these, 


titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major 


department in the North Carolina executive branch of government has been assigned a title number. 


Titles are further broken down into chapters which shall be numerical in order. The other two, 


subchapters and sections are optional subdivisions to be used by agencies when appropriate. 




TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 


TITLE DEPARTMENT LICENSING BOARDS 


CHAPTER 


1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Auctioneeis 


4 


4 


Commerce 


Barber Examiners 


6 


5 


Correction 


Certified Public Accountant Examiners 


8 


6 


Council of State 


Chiropractic Examiners 


10 


7 


Cultural Resources 


General Contractors 


12 


8 


Elections 


Cosmetic Art Examiners 


14 


9 


Governor 


Dental Examiners 


16 


10 


Human Resources 


Dietetics/Nutrition 


17 


11 


Insurance 


Electrical Contractors 


18 


12 


Justice 


Electrolysis 


19 


13 


Labor 


Foresters 


20 


14A 


Crime Control & Public Safety 


Geologists 


21 


15A 


Environment, Health, and Natural 


Hearing Aid Dealers and Fitters 


22 




Resources 


Landscape Architects 


26 


16 


Public Education 


Landscape Contractors 


28 


17 


Revenue 


Marital and Family Therapy 


31 


18 


Secretary of State 


Medical Examiners 


32 


19A 


Transportation 


Midwifery Joint Committee 


33 


20 


Treasurer 


Mortuary Science 


34 


*21 


Occupational Licensing Boards 


Nursing 


36 


22 


Administrative Procedures 


Nursing Home Administrators 


37 


23 


Community Colleges 


Occupational Therapists 


38 


24 


Independent Agencies 


Opticians 


40 


25 


State Personnel 


Optometry 


42 


26 


Administrative Hearings 


Osteopathic Examination & Reg. (Repealed) 


44 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Speech & Language Pathologists & Audiologists 


64 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 


Note: Title 21 contains the chapters of the various occupational licensing boards. 


1389 NORTH CAROLINA RE( 


JISTER December 1, 1994 


9:17 



CUMULATIVE INDEX 



Pages 



CUMULATIVE INDEX 

(April 1994 - March 1995) 



Issue 



1 - 75 1 - April 

76 - 122 2 - April 

123 - 226 3 - May 

227 - 305 4 - May 

306 - 348 5 - June 

349 - 411 6 - June 

412 - 503 7 - July 

504 - 587 8 - July 

588 - 666 9 - August 

667 - 779 10 - August 

780 - 876 11 - September 

877 - 956 12 - September 

957 - 1062 13 - October 

1063 - 1151 14 - October 

1152 - 1241 15 - November 

1242 - 1339 16 - November 

1340 - 1392 17 - December 



Unless otherwise identified, page references in this Index are to proposed rules. 



ADMINISTRATION 

State Employees Combined Campaign, 878 

AGRICULTURE 

Plant Industry, 127, 1245 

COMMERCE 

Alcoholic Beverage Control Commission, 423 
Banking Commission, 884 
Energy Division, 4 

COMMUNITY COLLEGES 

Community Colleges, 1305 

CORRECTION 

Prisons, Division of, 1157 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, Division of, 243 

CULTURAL RESOURCES 

Arts Council, 960 

ENVTRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 443, 825, 1185, 1283 
DEM/ Air Quality, 80, 805 



9:17 



NORTH CAROLINA REGISTER 



December 1, 1994 



1390 



CUMULATIVE INDEX 



Departmental Rules, 254 

Environmental Management, 81, 258, 352, 616, 959, 1261, 1348 

Health Services, 323, 370, 445, 834, 913, 1000, 1112 

Marine Fisheries Commission, 820, 989, 1109, 1244 

Mining Commission, 442 

NPDES Permit, 3, 232 

Parks and Recreation, 1194 

Radiation Protection Commission, 678 

Soil and Water Conservation, 1371 

Solid Waste Management, 171, 364, 1287 

Water Resources, 165, 255 

Wildlife Resources Commission, 38, 42, 84, 358, 830, 910, 999, 1285 

Wildlife Resources Commission Proclamation, 125 

FINAL DECISION LETTERS 

Voting Rights Act, 2, 312, 506, 594, 958, 1243, 1340 

GENERAL STATUTES 

Chapter 150B, 780 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 1, 123, 227, 306, 349, 412, 504, 588, 667, 877, 957, 1152, 1242 

HUMAN RESOURCES 

Child Day Care Commission, 10 

Children's Services, 136 

Day Care Rules, 148 

Departmental Rules, 668 

Facility Services, 4, 128, 423, 509, 668, 890, 1341 

Medical Assistance, 318, 440, 513, 597, 964, 1155, 1247 

Medical Care, 1 161 

Mental Health, Developmental Disabilities and Substance Abuse Services, 13, 24, 36, 313, 430, 961, 

1063 
Social Services, 136, 595, 802, 1167, 1343 
Vocational Rehabilitation Services, 434 

INDEPENDENT AGENCIES 

State Health Plan Purchasing Alliance Board, 99, 1030 

INSURANCE 

Actuarial Services Division, 1072, 1257 

Agent Services Division, 1065 

Departmental Rules, 891 

Financial Evaluation Division, 892 

Life and Health Division, 525, 905, 1071, 1255 

Medical Database Commission, 605 

Multiple Employer Welfare Arrangements, 76 

Property and Casualty Division, 892 

Special Services Division, 76 

JUSTICE 

Alarm Systems Licensing Board, 351, 614, 804, 1175 

Criminal Justice Education and Training Standards Commission, 149, 981 

Private Protective Services, 802, 1174 

Sheriffs' Education & Training Standards Commission, 670, 986, 1075 



1391 NORTH CAROLINA REGISTER December 1, 1994 9:17 



CUMULATIVE INDEX 



State Bureau of Investigation, 234, 530 

LABOR 

Boiler and Pressure Vessel, 1076 
Mine and Quarry Division, 239 
OSHA, 77, 160, 675, 906, 1258 
Private Personnel Services, 1176 
Variance, 230 

LICENSING BOARDS 

Acupuncture Licensing Board, 44 

Auctioneers Licensing Board, 836 

Barber Examiners, 563 

Chiropractic Examiners, 376 

Cosmetic Art Examiners, 280, 1027 

Dietetics/Nutrition, 1115 

Electrical Contractors Examiners, 1199 

Electrolysis Examiners, 1204 

Landscape Architects, Board of, 95 

Medical Examiners, 192, 565, 1119, 1206 

Mortuary Science, 720, 1120 

Nursing, Board of, 45, 724, 1209 

Opticians, Board of, 845 

Optometry, Board of Examiners, 194 

Physical Therapy Examiners, 566 

Plumbing, Heating and Fire Sprinkler Contractors, Board of, 96, 725 

Practicing Psychologists, Board of, 97 

Professional Counselors, Board of Licensed, 50 

Professional Engineers and Land Surveyors, 728, 924 

Sanitarian Examiners, 730 

LIST OF RULES CODD7IED 

List of Rules Codified, 53, 196, 281, 378, 635, 742, 926, 1041, 1306 

PUBLIC EDUCATION 

Elementary and Secondary Education, 375, 540, 920, 1197 

SECRETARY OF STATE 

Land Records Management Division, 712 
Notary Public Division, 1112 
Securities Division, 476, 616, 709 

STATE PERSONNEL 

Office of State Personnel, 477, 847, 1214 

TAX REVIEW BOARD 

Orders of Tax Review, 415 

TRANSPORTATION 

Highways, Division of, 85, 718, 923, 1114, 1300 
Motor Vehicles, Division of, 89, 276, 542 



9:17 NORTH CAROLINA REGISTER December 1, 1994 1392 



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